One of two things has happened on Wednesday night: Either Arthur Fraser, the National Commissioner for Correctional Services, has flexed his legal acumen and political authority to help out Jacob Zuma – or his frank admission might end up costing his dear friend the chance to leave his prison cell early on medical parole.
Arthur Fraser ‘made the decision’ to grant medical parole to Jacob Zuma
That’s because Fraser confirmed that ‘overruled the parole board’ in order to secure a quick release from jail for Zuma. It was confirmed earlier this week that Msholozi would be granted medical parole – but the reasons why still remain clandestine. The controversial prisons official told SABC that he personally intervened on the matter.
“He came to our facility, we have a responsibility to provide security and care. And as in all instances, when we admit a person into our facility, we make sure we do a full assessment, including a health assessment.”
“He was frail and required specialised treatment. Correctional services allocated a doctor to do an observation. But the board did not approve medical parole. I had then… reviewed the information available, which indicated that the conditions, based on all the reports that we have, require us to release the former president.” | Arthur Fraser
Is Arthur Fraser allowed to overrule the parole board?
So what does the law say about this divisive decision? Well, the Correctional Services Act of 1998 DOES allow for the National Commissioner to decide who gets medical parole – and they do have the authority to make the final say.
However, this is no slam dunk for Arthur Fraser. Far from it, actually. Justice Minister Ronald Lamola or any inspecting judge can make the call to refer the matter for ‘reconsideration’. Should this be the case, the ruling which granted medical parole to Mr. Zuma will be suspended until a final outcome is decided by the board.
If this happens, the onus will be on Fraser to prove that he had sufficient reasons to parole Mr. Zuma.
“The National Commissioner may place medical parole upon a sentenced offender serving a sentence of incarceration for 24 months or less. A decision of the Board is final – except that the minister… or the inspecting judge may refer the matter to the Correctional Supervision and Parole Review Board for reconsideration.”
“In which case, the decision will be suspended pending the outcome of the Correctional Supervision and Parole Review Board – who are also responsible for providing reasons for their decisions.” | Correctional Services Act 1998
Will Jacob Zuma have his medical parole overturned?
The law, however, is open to interpretation. Mzwanele Manyi is a spokesperson for Jacob Zuma, and he was keen to stress that Arthur Fraser DOES have the legal remit to override the parole board and implement his own choice.
“Arthur Fraser used his original powers to review and rescind the decision of the Parole Board and granted Zuma a deserved Medical Parole. The Act accords the National Commissioner a responsibility to… grant medical parole to a sentenced offender serving a sentence of incarceration for 24 months or less, and they can prescribe their conditions.”
One of SA’s leading law experts in the media, Karyn Maughan, reckons that ‘there are now grounds for a review of the medical parole decision’ – given that Fraser’s views directly contradict those of the advisory board.
“Medical parole is granted in circumstances where an inmate is terminally ill, incapacitated or unable to take care of himself. According to Arthur Fraser, the medical parole advisory board refused Jacob Zuma such parole on the basis that he was allegedly stable. That’s a review ground.”
- Investigative journalist Pauli Van Wyk also believes that Jacob Zuma’s medical parole now stands on shaky ground:
from The South African https://ift.tt/38WyBZy
