In (mate) or out? Zuma's fate is set to be decided

10 Aug 2023

Acting Correctional Services Commissioner Makgothi Thobakgale is set to announce whether Zuma must return to prison.

Jacob Zuma - Figure 1
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Africa Melane is in conversation with William Booth, criminal law expert and defence attorney to unpack the decision that will need to be made by Correctional Services, surrounding Jacob Zuma's potential return to prison.

FILE: Former President Jacob Zuma. Picture: Rejoice Ndlovu/Eyewitness News

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An announcement is expected soon over whether former president Jacob Zuma must return to prison to complete his prison sentence.

Zuma served only eight weeks of his fifteen-month sentence for contempt of court before being released on medical parole.

Last month the courts found he must return to jail to serve out the rest of his sentence.

Acting Correctional Services Commissioner Makgothi Thobakgale is expected to make an announcement today (Thursday).

Criminal law expert and defence attorney William Booth explains the legal considerations at play:

The whole argument goes about the period that he's been under medical parole, but outside prison, is that to be taken into account.

William Booth, Criminal law expert and defence attorney

Normally, the person would have to be in custody serving a sentence. They should technically be in custody then an application is bought for his early release.

William Booth, Criminal law expert and defence attorney

So, the issue is, should he not have gone in first, then brought the application for him to be released and then argued that the two months he served must be taken into account.

William Booth, Criminal law expert and defence attorney

What are the legal considerations the Commissioner will need to apply his mind to in respect of Jacob Zuma's prison sentence? Click the link above to listen to the full podcast.

RELATED: Zuma judgement has 'shut the escape hatch' on medical parole abuse: Steenhuisen

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