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By Faizel Patel

Senior Digital Journalist


WATCH: ‘Ramaphosa believes the rule of law has been served’ in Zuma jail decision – Lamola

The "special remissions" process was started on Friday, the same day of the announcement of Zuma benefitting from it.


Former president Jacob Zuma reported to the Estcourt Correctional Services facility on Friday morning following a decision on his incarceration.

The Minister of Justice and Correctional Services, Ronald Lamola and National Commissioner of Correctional Services Makgothi Samuel Thobakgale briefed the media on the outcomes of the decision in Pretoria early on Friday morning.

Thobakgale said Zuma was admitted into the facility and underwent processing for special remission that “applies to all other prisoners”.

Zuma was released after around two hours.

He will not be under parole, but the department said it would keep in contact with them.

“Our interpretation of the decision by the Supreme Court of Appeal was informed by the legal opinions received in this matter. Put simply, the Supreme Court of Appeal indicated the former president should come back to the facility to be admitted. That is exactly what happened. That is the decision I made as the National Commissioner.

Thobakgale said Zuma became active in the correctional system, and would then be eligible for remission.

He said the process of remission was to avoid overcrowding of prisons and would factor in the category of crimes committed and time already served in facilities.

Lamola said President Cyril Ramaphosa had remitted prisoners across the country, and had not given special treatment.

“It is not a specific decision about former president Jacob Zuma, it is about all the offenders across the country. 9,488 inmates will be released into correctional supervision. Zuma will benefit from this.”

This “special remissions” process was started on Friday, the same day as the announcement of Zuma benefitting from it. He would also fall under the first “category” of those released.

“We start our process of releasing offenders, paroles, and those serving under correctional supervision, from the date of announcement of special remission, which is today.

“This process will be staggered, in terms of releasing from the vulnerable groups to those in our facilities who are not classified in vulnerable groups. These groups include “women, elderly or those older than 65, pregnant and those living with disability,” said

“We start our process of releasing offenders, paroles, and those serving under correctional supervision, from the date of announcement of special remission, which is today.

“This process will be staggered, in terms of releasing from the vulnerable groups to those in our facilities who are not classified in vulnerable groups. These groups include “women, elderly or those older than 65, pregnant and those living with disability,” said the department’s Zodwa Mosoma, adding there may be exclusions.

Lamola said Ramaphosa was satisfied by the decision.

“The first issue the president is concerned about is respect for the rule of law. The president believes the rule of law has been served in this matter”.

The Department of Correctional Services (DCS) last week said it had received representations from relevant parties on whether Zuma would have to have to go back to jail to serve his 15-month sentence after being released on medical parole.

Jailed

Zuma, who was jailed for 15 months in July 2021 for defying a Constitutional Court order to appear at the Zondo Commission of Inquiry into allegations of state capture, was released on medical parole in September 2021 by former correctional services commissioner Arthur Fraser.

However, the former president served just two months of the sentence.

In July 2023, the Constitutional Court (ConCourt) dismissed the DCS’s appeal application relating to Zuma‘s release on parole, effectively placing the former president’s fate back into the hands of Thobakgale.

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KZN unrest

Zuma’s initial arrest sparked a wave of civil unrest in KwaZulu-Natal and Gauteng from 9 to 18 July 2021. The riots resulted in 354 deaths.

Protests against Zuma’s incarceration triggered more rioting and looting, with R50 billion in damages and 5 500 people arrested by August last year.

It was described as the worst violence the country had experienced since the end of apartheid.

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