Amid widespread criticism by opposition political parties such as the DA and ActionSA of the release of former president Jacob Zuma on a special remission process, the IFP said it welcomes the decision by Correctional services commissioner Makgatho Thobakgale to grant Zuma and over 9 000 other prisoners a special pardon on Friday morning.
DA leader John Steenhuisen said the party would be launching yet another court process to ensure that Zuma returns to jail.
However, reacting to the release, IFP spokesperson Mkhuleko Hlengwa said the party had taken note that Zuma returned to Estcourt Correctional Facility on the morning of August 11.
“We further note that he was released on the same morning, under the remission of sentence process, which is a mechanism to deal with overcrowding in prisons,” Hlengwa said.
Zuma became one of more than 9 000 low-risk prisoners who are to be released.
“As the IFP, we appreciate this decision, which tempers justice with mercy. However, this does not take away from the SCA (Supreme Court of Appeal) judgment, which held that ‘the commissioner’s decision [to grant medical parole] was unlawful and unconstitutional’. The high court was correct to set it aside,” Hlengwa added.
Hlengwa said the IFP still believed that further investigation of this irregular decision by the then-national commissioner is needed.
“While we welcome that the decision to release former president Zuma closes the door to more possible unrest, we wish to state clearly that it should not be considered a precedent. Lawlessness and violence – or the threat of violence – must never outweigh the need for justice, accountability, and consequences for one’s actions.
“It is our hope that we can now close this very painful chapter in our nation’s history, which culminated in the devastating and destructive riots and unrest in KwaZulu-Natal and Gauteng in 2021, and move forward as a country,” he added.
ANC provincial secretary Sboniso Duma was equally welcoming of the decision, saying President Cyril Ramaphosa and Minister of Justice Ronald Lamola has quelled tensions that were starting to build up ahead of Zuma’s re -arrest.
“South Africans in their majority are glad that President Ramaphosa has dug deeper into a strategic move and balanced very delicate equations of law and legality and politics. John Steenhuisen is a Grade 12 and does not understand the concept and interpretation of law and jurisprudence,” Duma said.
The National Commissioner of Correctional Services, Makgothi Samuel Thobakgale, has announced that Zuma has been admitted to the system at the Estcourt Correctional Facility in KwaZulu-Natal and released on special remission.
“Zuma was admitted into the Estcourt Correctional Facility at 6am today. Upon admission into the system, he was subjected to processes that qualified for the remission. He was then released,” said Thobakgale.
The announcement was made by Thobakgale and Lamola, in Pretoria on Friday morning.
On Thursday night, the Department of Correctional Services’ national spokesperson, Singabakho Nxumalo, confirmed that the decision would be made on Friday.
Zuma was sentenced to a 15-month prison sentence for contempt of court in 2021 for failing to appear before the State Capture Commission; he served two months of the sentence before being released. Former Correctional Services commissioner Arthur Fraser released Zuma on medical parole, a decision declared unlawful by the SCA.
“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,” said Lamola.
“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 those declared dangerous criminals, are excluded from this special remission. Despite this, low-risk offenders in these categories may still be eligible for a 12-month remission,” Lamola said.
He said offenders convicted of non-violent and non-sexual crimes will be eligible for up to 24 months of remission after completing the pre-release programme and risk assessment, and providing fingerprints and DNA samples for comparison to those in the SAPS database.