Some opposition parties say the judgment by the Constitutional Court confirms that Jacob Zuma belongs in jail, while others don’t believe the former president is fit for imprisonment.

However, the ANC in the province has rejected the “reckless” statement the DA issued calling for “Zuma’s detention without delay.”

On Thursday, the Constitutional Court dismissed the Department of Correctional Services’ application for leave to appeal a ruling that former President, Jacob Zuma must go back to prison.

In the ruling, the apex court found that the department’s appeal bears no reasonable prospect of success, and dismissed the application with costs.

Last year the Supreme Court of Appeal set aside the high court order which declared that the time Zuma spent out on medical parole should not be counted as part of his prison sentence.

The Constitutional Court had handed Zuma a 15-month prison sentence in June 2021 after he had defied its order to appear before the Commission of Inquiry into State Capture. However, the sentence expired last year.

Political parties have reacted to the ruling and some have not shied away from saying that this ruling meant that Zuma belongs in jail.

DA

The Democratic Alliance (DA) federal leader, John Steenhuisen said he welcomed the decision by the ConCourt, and called for Zuma’s arrest.

Steenhuisen said the DA’s lawyers were currently drafting a letter which will be submitted to Zuma calling for him to voluntarily surrender himself to arrest within a reasonable timeframe.

“Should Mr Zuma fail to adhere to this request, we will write to the National Commissioner for Correctional Services, Makgothi Samuel Thobakgale calling for him to arrest Mr Zuma, and return him to Estcourt Correctional Centre. If either of these parties fail to comply, they will be in contempt of court.”

He said Thobakgale should act constitutionally, lawfully, and in a manner expected of him as National Commissioner for Correctional Services and to act in line with his constitutionally-prescribed duty of office.

Responding to the DA’s legal intentions, the KZN African National Congress (ANC) said it rejected the “reckless statement” issued by the DA calling for “Zuma’s detention without delay”.

ANC provincial secretary

The ANC provincial secretary Bheki Mtolo said the party was studying the judgment and would soon ventilate its position publicly.

Mtolo claimed that certain groups including the DA celebrated each time there was mayhem in the country.

“After all, these organisations do not want to see the unity of indigenous people. They have amassed resources which are dedicated to divide the majority of people in this country and to pit ANC leaders against society. Courts are also used by these organisations to reverse any policy that is aimed at ensuring the prosperity of indigenous people.”

Mtolo said at this stage the Department of Correctional Services should be allowed to study the judgement and make an informed pronouncement in the interest of the people of this country.

“It should be remembered that the Department of Correctional Services, under a democratic government, runs its system of correctional services based on the Freedom Charter.

“The freedom-loving South Africans of all racial groups adopted, among others, a clause in the charter that stipulated: ‘Imprisonment shall be only for serious crimes against the people, and shall aim at re-education, not vengeance’.”

IFP

Inkatha Freedom Party (IFP) Member of Parliament Narend Singh said the rule of law should be respected and it was necessary for the Department of Correctional Services to offer clarity to all South Africans on this matter.

“It needs to do what is right, make sure that what was instructed in the judgement was correctly executed, and look at whether Zuma is fit to go back to jail.”

Singh said in his opinion Zuma may not be fit for imprisonment.

Human rights organisation Active Citizens Movement appealed to the public to respect the court’s decision.

“We further appeal to the Department of Correctional Services to uphold the rule of law and act without fear, favour or prejudice,” said the chairperson of the Active Citizens Movement, Pops Rampersad.

Jacob G Zuma Foundation

The Jacob G Zuma Foundation spokesperson Mzawanele Manyi said the notion of sending the former president back to prison was malicious.

When asked what Zuma’s family’s reaction was following the ruling, he said he did not have the permission to say even if he knew.

“I also do not know what the atmosphere at the household is as I am not there. For some reason, there is a difficulty understanding parole. It does not mean that one who is outdoors while on parole is free. They still need to declare where they are going to and where they are at certain times or when they are leaving the country.

“The person still has to report to prison. There is this unwarranted confusion. One is still incarcerated while they are on parole — that needs to be understood. Correctional Services already made their decision that [Zuma] met all the requirements and was a free man. The 15 months was both inside and outside.

“We are now waiting to see if Correctional Services changes their decision. This notion that [Zuma] must return to prison is malicious. This doesn’t reflect the decision of the Supreme Court of Appeal or the Constitutional Court as they have not said that he must return to prison,” said Manyi.

Fears of civil unrest

Mtolo said the ANC in KZN believed that the July Unrest 2021 had lessons of equal significance for all arms of the state, the ANC, opposition political parties, private sector, the media and society at large.

“About R50 billion was wiped out of the South African economy as a result of July 2021 unrest. It is for these reasons we have taken a decision to consult widely to ensure that as we move forward, there is peace and stability.

“In as much as we are engaging with ANC Luthuli House on this matter, during this period we are also reaching out to all sectors of society, taking counsel and guidance on where they see our shortcomings. This will form the basis for us to make amends,” he said.

He added that no amount of anger amongst people should lead to incidents of violence, unrest and destruction of property.

Researcher and consultant to the Institute for Security Studies David Bruce said at this stage the public couldn’t tell whether the group that instigated the unrest in 2021 was still intact and could incite violence again following this court decision.

He said multiple factors contributed to the situation of the civil unrest and looting escalating and an aggravating factor was the economic circumstances.

“The looting in 2021 was influenced by the decision to imprison Zuma. However, poverty and hunger also played a role in influencing people’s actions,” he said.