LIVE | Jacob Zuma is back in Estcourt prison - Correctional Services ...

Thobakgale says a full list of the people who benefitted from the "special remission" process will be released by the end of the day. He says Zuma will not be under a system of parole - but, like all the other affected inmates, the department will keep in contact with them.

- Karyn Maughan

Thobakgale says Zuma arrived at 06:00 and left after 07:00.

- Karyn Maughan

Lamola says Ramaphosa "didn't just wake up and take a decision" - this is in regard to queries about why the special remission process started yesterday. He refers to my question about whether Zuma is the first person to benefit from this process by Thobakgale.

- Karyn Maughan

COMMENT | Lamola is now spinning like mad to justify the special remissions decision. Why is Zuma's matter suddenly at the centre of the DCS's overcrowding problem? Was there not a bed for Zuma at Estcourt prison, even in the prison's hospital where he served his first two months? It is, unfortunately, inescapable to conclude that this entire special remissions timing was engineered to benefit Zuma. This is very likely to be challenged in court - again.

- Adriaan Basson

Lamola says neither he nor Ramaphosa interfered with Thobakgale's decision on Zuma's incarceration. He says Thobakgale informed both of them of his decision. The minister again stresses that SA's prisons are overcrowded. I had asked him for a response on perceptions that the decision to release Zuma in this way was driven by fears of the fatal violence that ensued when Zuma was jailed in July 2021. He adds there was "no basis for us to interfere" with the SCA ruling on Zuma returning to jail. (This is democracy - government cannot interfere in court rulings).

- Karyn Maughan

Thobakgale says his decision was "to comply with the Supreme Court of Appeal judgment" by ensuring that Zuma returned to prison. He says the "special remissions" process was a separate process.

- Karyn Maughan

As I understand it, Thobakgale says Ramaphosa approved the "special remissions" process yesterday.

- Karyn Maughan

Thobakgale says the correctional services department received four legal opinions on the implications of the SCA ruling, which found that Zuma was unlawfully granted medical parole and should return to prison.

- Karyn Maughan

COMMENT | I understand that Ramaphosa's sudden special remission decision to release 9 488 prisoners, including Zuma, has never been presented to Parliament by the DCS or Minister Ronald Lamola. This is the first time MPs have heard of these so-called 'special remissions'.

- Adriaan Basson

There are a number of questions coming through from journalists, most of which are centred on whether Zuma was the first person to benefit from this "special remission" process. It is also unclear whether Zuma will remain on house arrest after his "release".

- Karyn Maughan

Crucial question from Bernadette Wicks: Why is this "special remissions" process starting today?

- Karyn Maughan

COMMENT | It is clear from Lamola's answers that President Cyril Ramaphosa was intimately involved in the decision to grant Zuma a 'special remissions' release. Lamola insists that Ramaphosa was only concerned that the rule of law was upheld. But serious questions remain about this 'special remissions' process that is suddenly announced today, supposedly to release overcrowding at prisons, from which Zuma is beneficiary number 1. DCS says another 9 488 prisoners will be released under the process, but unlike Zuma, they did not receive swift, VIP treatment.

- Adriaan Basson

It now emerges that the "special remission" process started today. 

- Karyn Maughan

Media statement by Ministry Justice and Correctional Services

President Cyril Ramaphosa has approved the remission of non-violent offenders in South Africa. 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.

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 per cent.

This poses a direct threat to inmate health, security, and management, and it could lead to a surge in gangsterism. More importantly, it hampers the department's ability to provide development and rehabilitation programmes.

The remission of sentences is a crucial aspect of our justice system, and Section 84 (2) (J) of the Constitution enables it. 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.

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.

This decision will result in the deportation of 3064 foreign nationals serving short-term sentences under the guidance of the Department of Home Affairs.

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.

The exercise of exploring special remission commenced on 24 April 2023 when we lost approximately 1 112 bed space due to delipidation in most of our centres.

To ensure that this decision is implemented effectively, a joint technical task team comprising Justice, Crime Prevention and Security cluster departments will oversee the process over ten months, with the Department of Home Affairs leading the aspect of foreign nationals. It's important to note that victims will be allowed to make representations during the offenders' considerations for placement.

Lamola is adamant that this decision will withstand legal scrutiny.

- Karyn Maughan

Lamola says Thobakgale complied with the SCA ruling that Zuma must return to prison. He contends that the "special remission" granted to Zuma was part of a "parallel process" that was designed to address overcrowding in prisons. It was not a specific process designed for Zuma. Over 9 000 inmates have benefitted from this, he says.

- Karyn Maughan

COMMENT | It has now been revealed that Zuma is already free after receiving 'special remission' from the DCS this morning, less than two hours after handing himself over at Estcourt prison. This will certainly raise suspicions and questions about whether the DCS complied with the Constitutional Court order that Zuma should continue serving his sentence. I expect that the DA and Helen Suzman Foundation will rush back to court to challenge the 'special remission'.

- Adriaan Basson

Lamola was asked how many inmates benefitted from the "special remission" granted by Ramaphosa to low-risk offenders. He says the decision was taken to address overcrowding in prisons. He says that this "remission process" started in April.

- Karyn Maughan

Thobakgale says that a decision was taken that Zuma should be admitted into the Estcourt facility. He was then subjected to the remission system that "applies to all other prisoners". He has been released.

- Karyn Maughan

COMMENT | Major moment for the South African criminal justice system as former president Jacob Zuma is returned to Estcourt prison to continue serving his 15-month sentence for contempt of court. Unlike in July 2021, it seems Zuma handed himself over without defiance or difficulty.

- Adriaan Basson

We are trying to gain clarity on how long Zuma will spend behind bars. Thobakgale is trying to respond as the feed is interrupted.

- Karyn Maughan

Lamola says Zuma has benefitted from the remission system as he is a "low-risk offender".

- Karyn Maughan

Correctional Services Minister Ronald Lamola says the remission of prison sentences is a crucial part of the correctional services system. He is describing the circumstances under which these remissions are given.

- Karyn Maughan

Because of the interruptions we are unclear - at this point - how long Zuma will spend in prison.

- Karyn Maughan

There appears to be some kind of broadcasting interruption. Thobakgale stresses that Zuma was "never a free man" at the time that he was on "community corrections. He says Zuma reported to the Estcourt facility and has been "processed accordingly".

- Karyn Maughan

Very significant that Commissioner Thobakgale is delivering his statement from Estcourt prison.

- Adriaan Basson

The briefing has started. Correctional Services National Commissioner Makgothi Thobakgale is reading out his statement. He says he has exercised his discretion in relation to whether the time that former president Jacob Zuma spent on unlawful medical parole should count as part of his sentence.

- Karyn Maughan

COMMENT | Good morning! Another big day in the republic as we await the decision if former president Jacob Zuma will go back to prison. How did we get here? Courtesy of one man: Arthur Fraser. The former spy-boss-turned-prisons-boss unlawfully released Zuma on medical parole in September 2021 after serving only 2 months of a 15-month sentence for contempt of court. The Constitutional Court sentenced Zuma after his repeated failures to appear before the Zondo Commission. The DA and Helen Suzman Foundation challenged Fraser’s decision, and the courts agreed that his decision was unlawful.

- Adriaan Basson

WATCH | Why is Jacob Zuma going to jail? News24 explains

The Constitutional Court found former president Jacob Zuma guilty of contempt of court in relation to an order to appear before the State Capture Inquiry. The apex court sentenced him to 15 months in jail.  

The story of Zuma's 15-month sentence actually started more than five years ago, on 9 December 2015, when he abruptly fired the country's finance minister, Nhlanhla Nene, and replaced him with the unknown ANC MP Des van Rooyen.

In this explainer, News24 unpacks the events that led to Zuma being found guilty of contempt of court on 29 June.

Government, in the early hours of Friday morning, said the decision would be communicated by 07:30.

The possibility of Zuma's return to prison has been looming since the Constitutional Court dismissed the department's application for leave to appeal a Supreme Court of Appeal ruling that Zuma should return to prison. 

The apex court issued the ruling last month. Zuma was sentenced to 15 months in prison by the Constitutional Court for defying its order to appear and testify before the State Capture Inquiry.

He was arrested in July 2021 and only served two months at the Estcourt Correctional Centre in KwaZulu-Natal. He was released after former national commissioner of correctional services Arthur Fraser granted him medical parole.

The Department of Correctional Services acting national commissioner Makgothi Thobakgale has decided on the imprisonment term for former president Jacob Zuma, the statement reads.

"This aligns to a commitment made in the media statement issued on 4 August 2023."

The Minister of Justice and Correctional Services, Ronald Lamola, along with Thobakgale, will brief the media at 07:30 in Pretoria.  

Zuma may go back to jail after ConCourt refuses to hear correctional services' appeal

The Constitutional Court has dismissed the Department of Correctional Services' application for leave to appeal a Supreme Court of Appeal (SCA) ruling that former president Jacob Zuma must go back to prison.

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

Zuma missed the deadline to appeal the SCA ruling but filed an application for leave to intervene.

Natjoints 'ready for any eventuality' ahead of announcement on Zuma's return to jail

The National Joint Operation and Intelligence Structure (Natjoints) is ready for any eventuality ahead of a decision by the Department of Correctional Services on former president Jacob Zuma's return to prison.

The department's acting national commissioner, Makgothi Thobakgale, will decide on whether Zuma will return to jail to complete his 15-month sentence.