Zuma remission: DCS urged to make public number of offenders released daily for ‘transparency’

The department of correctional services has been urged to ensure daily publication of the number of offenders released on remission to promote transparency in the process, which also benefits former president Jacob Zuma.

The department announced the former president, with more than 9,000 inmates, would be released on special remission from Friday.

This was to address overcrowding in prisons which was recently worsened by the fire after a riot by prisoners at Kutama-Sinthumule maximum prison in Makhado, Limpopo.

Correctional services commissioner Makgothi Thobakgale on Friday confirmed Zuma had briefly reported to the Estcourt correctional centre in KwaZulu-Natal before he was released on “special remission”. 

Thobakgale was tasked with deciding whether Zuma ought to go back to jail after the Supreme Court of Appeal (SCA) ruled his release on medical parole in 2021 was unlawful.

He was in and out of the prison in 90 minutes, where he was “subjected to [the] administrative process [and] was then released after undergoing the remission process”.

Justice and correctional services minister Ronald Lamola was at pains to deny the special remission was “specific” to Zuma's case, insisting the process started in April and officially started after approval by President Cyril Ramaphosa.

A proclamation signed by the president on Thursday was publicised to support this.

“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.

Legal experts weigh in on decision

Legal experts shared their reaction to the news, with one saying there was nothing unusual about the decision, though it was open to speculation that it was done to benefit the former president.

Lawyer Julian Knight said there was “no proof the remission was given to benefit” Zuma and his inclusion in the list of offenders to be released was because he qualified for release due to the category of his offence.

“The fact is the president does from time to time promulgate remissions to reduce the prison population and the idea is they would release people primarily convicted of economic crimes.

“I'm sure there will be guilty people who shouldn't be released who will benefit, but that's the way it goes. You can't distinguish who gets or doesn't [get released]. Remission is applicable to the entire prison population, provided the crime category you are convicted of falls within the ambit of the remission, and Zuma would be a prisoner that qualifies, as would all the others.

“Yes, people will speculate as to the timing and would the president have done it had it not been for the political pressure and nuances that Zuma's case presents for government. But yes, if he qualifies, he qualifies. It's the way the dice roll,” he said.

Another lawyer, Tania Koen, said “balancing the rights of the offender and the victims” has always been problematic, especially when considering special remission for offenders.

“While remission of sentence has the effect that a portion of the offender’s sentence will not be served in prison but outside prison, it is of no consolation to the victims of the crimes. The victims, often law-abiding citizens, feel justice has not been done if the offender is not punished appropriately and if the offender does not serve the sentence imposed by the court.

“Punishment should also serve as a deterrent, so parole and remission of sentence is experienced as a miscarriage of justice.

“Overcrowding in prisons is a historical problem [and] the timing of the announcement today [Friday] will inevitably create the impression that all are not equal in the eyes of the law, which could potentially send out the incorrect message to society.”

To circumvent this, Koen said the department should, “in the interest of society, justice and transparency”, publish the number of the offenders released daily under the same process.

TimesLIVE approached the Helen Suzman Foundation, who were part of the legal challenge to former correctional services commissioner Arthur Fraser, but did not receive its response at the time of publishing.

Director Nicole Fritz, however, shared a post agreeing with former public protector Thuli Madonsela's assessment on the matter.

Madonsela said: “I support the remission of former president Zuma’s sentence as ubuntu anchored. The point regarding no-one being above the law has been made and the teaching power of the law leveraged.

“Nothing more could be gained through further incarceration. There’s also that his release was the state’s mistake.”

Fritz agreed with this and noted that it was Madonsela who made the point.

“We might read it as a capitulation to threats. But there is another reading: that an inmate not be required to pay the price of the state’s illegality,” she said.

The department said it would release the number of offenders freed on Friday by the end of the day.

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