Zuma lawyers detail health issues in case disputing his parole

Jacob Zuma’s lawyers have provided details of his health woes in a court case tackling his medical parole.

The former president spent one month in Estcourt prison in July, was moved to hospital in August, and released on medical parole in September.

His lawyers, Dali Mpofu and Thabani Masuku, cited medical records sent to the prisons department. While the records were heavily redacted, the lawyers read out details of Zuma’s health from sections not obscured for legal purposes.

Zuma is serving a 15-month jail sentence for defying a Constitutional Court order that he testify at the Zondo commission state capture inquiry.

On Wednesday, three applicants challenged former prisons boss Arthur Fraser’s decision to release the former president on medical parole.

Afriforum, the DA and the Helen Suzman Foundation want Fraser’s decision, at odds with advice from a parole advisory board, declared unlawful. They want Zuma sent back to jail to serve the remainder of his sentence. Judgment was reserved.

In arguments, Zuma’s lawyers accused the applicants of trying to “humiliate” him. “The reason that this application has been brought by political organisations is to pursue the political agenda,” Masuku said.

Max du Plessis for the Helen Suzman Foundation argued Zuma’s time on medical parole should not count towards his 15month sentence.

“He must be returned to prison,” Du Plessis said.

The DA raised a sighting of Zuma at a casino and his political speeches as alleged evidence of his well-being.

Maribolla Mphahlele, representing the prisons’ national commissioner, argued the applicants failed to show their case was urgent. Mphahlele said Zuma “might ordinarily be released on normal parole and as a result the fact that his sentence expires on October 2022 is of no assistance to the urgency of the application.” He argued it was wrong to say Fraser “overruled” the advisory board’s recommendations.

“Whether to grant medical parole or not lies with the national commissioner,” Mphahlele said. He said a Dr Mafa from the SA Military Health Services found Zuma was “suffering from a terminal disease or condition that is chronic and progressive which has significantly deteriorated.”

Du Plessis stressed that Dr Mafa’s input from July predated Zuma’s admission to a medical facility. After treatment, his condition improved.

In September, the board considered Mafa’s feedback, and made “up-to-date” recommendations based on Zuma’s health having improved.

Mpofu stressed that Zuma required “specialised care” which could not be offered in any prison.

Du Plessis countered this argument saying the same team from the South African Medical Health Services currently treating Zuma — now based at his Nkandla home — could still attend to him behind bars.

Mpofu said the court knew Zuma was admitted to a heart facility. He read out particulars of his client’s health condition as described by a Dr Mphatswe, including a prognosis that Zuma should be released with immediate effect.

“It is not a question of we would like to see Mr Zuma in jail just because we want to punish him. The fact is he is being punished by the Constitutional Court because of contempt for the Constitutional Court order. But what we want to uphold is a rule of law,” said Ismail Jamie, the DA’s counsel.