DCS insists Zuma’s release on ‘special remission’ complies with SCA ruling

The department of correctional services has insisted it complied with the Supreme Court of Appeal (SCA) judgment on former president Jacob Zuma's incarceration, saying the decision to grant him, and thousands of inmates, special remission was partly due to the recent fire at a Makhado prison.

The department held a briefing on Friday to announce national correctional services commissioner Makgothi Thobakgale's decision on whether Zuma should go back to jail after the SCA ruled his release on medical parole was unlawful.

Thobakgale confirmed the former president reported to Estcourt correctional centre at about 6am on Friday. “He was subjected to [the] administrative process. He was then released after undergoing the remission process,” he said.

Lamola announced a special remission for non-violent offenders has been approved by President Cyril Ramaphosa.

A remission of sentences for low-risk offenders is a crucial aspect of South Africa’s justice system and is particularly relevant in light of overcrowding in prisons, the minister said.

He confirmed the process for special remission started in April and would benefit 9,488 inmates. This is in addition to the 15,000 who are already under correctional supervision and on parole.

Certain offenders, such as those convicted of sexual offences, tampering with essential infrastructure, serving life sentences and declared dangerous criminals, are excluded, Lamola said.

He added the fire that broke out at Kutama prison earlier this week after a riot by prisoners worsened overcrowding, which went from 43% to 47%.

Lamola insisted the department had complied with the judgment and it would “withstand legal scrutiny”.

He was at pains to deny the special remission was “specific” to Zuma's case.

“The national commissioner has taken a decision in terms of the SCA judgment that the former president must come back to the [prison], which is in compliance with the order. So in terms of the SCA, the national commissioner's decision was that the former president must come back into the facility to comply with the decision of the SCA.

“The president's decision is to remit sentenced offenders across the country, it is not a specific decision about former president Zuma. It's about all offenders in the country,” he said.

The department said category one offenders, including Zuma, would be the first to be processed on Friday and the process would be “staggered”.

“In terms of the time frame, we start our process of releasing offenders, parolees and those [serving] under corrections from the date of announcement of the special remission, which is today [Friday]. And this is a process that is going to be staggered in terms of releasing from the vulnerable groups up to those who are in our facilities who are not categorised as vulnerable groups,” the department said.

This refers to elderly people, women, those with disabilities and pregnant women.

The department said it would release a final list of all offenders released with Zuma by the end of the day.

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