The Supreme Court of Appeal (SCA) on Monday dismissed former president Jacob Zuma’s application to have a lower court’s decision, that his release on medical parole has been irregular, set aside.

Zuma approached the SCA after AfriForum had successfully challenged the Correctional Services Department’s decision to release him on medical parole.

Zuma, who in July last year was sent to prison for defying a Constitutional Court order to appear before the Zondo Commission, was released by the department in September – a few weeks after starting his 15-month sentence.

In releasing Zuma, the Correctional Services Department head, Arthur Fraser, overruled a parole board’s decision that Zuma was fit to serve the entire 15-month sentence.

Supreme Court of Appeal

Zuma’s JG Zuma Foundation has maintained that even if the SCA were to find that the medical parole was irregular, he no longer has to go back to prison as he has already completed his sentence while on parole.

Following Zuma’s arrest in July, crowds looted businesses and damaged both private and public property.

The unrest – which was mainly in KZN and Gauteng – resulted in the death of more than 300 people and business losses to the tune of billions of rand.

Following the ruling, the Department of Correctional Services issued a statement saying they have noted the judgement and will study it to clarify the way forward.