The Department of Correctional Services has granted former president Jacob Zuma a “special remission”, cutting his return to prison to just one hour before he was again released.<\/p>\n\n\n\n
In a stunning display of “compliance” to court rulings ordering Zuma back to jail, the department has abided by the word of law by having the former president returned to prison – but a separate process allowed it to cut his sentence short.<\/p>\n\n\n\n
Zuma was sentenced to prison for 15-months in July 2021 for being in contempt of the Constitutional Court. The apex court had instructed Zuma earlier in February that year to give evidence at the state capture enquiry, which he refused to do.<\/p>\n\n\n\n
After initially refusing to go to prison, the former president eventually handed himself over to authorities – sparking protest among his supporters. <\/p>\n\n\n\n
However, his time in prison was short-lived, with former correctional services commissioner – and staunch Zuma ally – Arthur Fraser unilaterally granting him medical parole in September 2021 (barely two months later) against the Medical Parole Advisory Board’s recommendations.<\/p>\n\n\n\n
Following his release, the decision was subject to several escalating court battles, which all ruled that Fraser’s decision was unlawful. The Department of Correctional Services fought tooth-and-nail to have these rulings overturned.<\/p>\n\n\n\n
However, the long battle culminated in the Constitutional Court dismissing the department’s final bid in July.<\/p>\n\n\n\n
Overcrowding<\/strong><\/p>\n\n\n\n Despite losing every court battle to keep Zuma out of prison, the department ultimately found a way to do it by granting the president a “special remission” on his sentence as he is a non-violent, low-risk criminal.<\/p>\n\n\n\n According to the department, the special remission has been granted by President Cyril Ramaphosa, who has approved the release of almost 9,500 “non-violent” offenders in the country – Jacob Zuma included – to deal with overcrowding at South Africa’s prisons.<\/p>\n\n\n\n “There are 212,286 inmates, including 9,351 foreign nationals, managed by the Department of Correctional Services across the country’s 243 correctional centres and 218 community centres,” the department said.<\/p>\n\n\n\n “Unfortunately, the current occupancy rate is 143%, with the overcrowding rate at 43.06%. The recent loss of 3,024 beds at Kutama Sinthumule due to fire means that overcrowding will increase by 4%, raising the overcrowding rate to 47.06%, and in turn, the occupancy rate will increase by 147%.”<\/p>\n\n\n\n This poses a direct threat to inmate health, security, and management, and it could lead to a surge in gangsterism, the department said.<\/p>\n\n\n\n “More importantly, it hampers the department’s ability to provide development and rehabilitation programmes.”<\/p>\n\n\n\n The department said that the remission of sentences is a crucial aspect of our justice system, and Section 84 (2) (J) of the Constitution enables it.<\/p>\n\n\n\n “However, it’s important to note that certain offenders, such as those convicted of sexual offences, tampering with essential infrastructure, serving life sentences, and being declared dangerous criminals, are excluded from this criterion of this special remission. Despite this, low-risk offenders in these categories may still be eligible for a 12-month remission.”<\/p>\n\n\n\n Offenders convicted of non-violent and nonsexual crimes will be eligible for up to 24 months of remission after completing the pre-release program and risk assessment and providing fingerprints and DNA samples for comparison to the South African Police Service database.<\/p>\n\n\n\n “Additionally, it will alleviate overcrowding in correctional centres by releasing approximately 9,488 inmates and a further 15,000 inmates who are currently under correctional supervision and parole. The majority of the beneficiaries of this decision are already serving parole or under correctional supervision in their communities.”<\/p>\n\n\n\n The department said that the “exercise of exploring special remission” commenced on 24 April 2023 when the country lost approximately 1,112 bed space due to delipidation in most of our centres.<\/p>\n\n\n\n Responding to questions at the briefing, the department said that Zuma would not be on parole, and is effectively a free man.<\/p>\n\n\n\n
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