JZ Appeal: Mpofu Argues Court Doesn't Know Better Than Experts, Says Fraser Awarding Medical Parole Was Lawful

JZ Appeal: Mpofu Argues Court Doesn't Know Better Than Experts, Says Fraser Awarding Medical Parole Was Lawful

  • The Supreme Court of Appeals (SCA) heard arguments on former president Jacob Zuma’s appeal to overturn the High Court ruling on his medical parole
  • Dali Mpofu argued that the advice of the parole advisory board is not binding, and Arthur Fraser acted lawfully when he granted Zuma parole
  • The SCA has reserved judgement on the appeal, meaning that a decision on the case will be handed down within three months

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Former President Jacob Zuma and Dali Mpofu
Advocate Dali Mpofu argued that former corrections boss Arthur Fraser acted within the law when he granted former president Jacob Zuma medical parole. Image: Darren Stewart/Gallo Images
Source: Getty Images

BLOEMFONTEIN – The Supreme Court of Appeal (SCA) heard arguments on former president Jacob Zuma and the possible abuse of power by former correctional services boss Arthur Fraser on Monday, August 15.

Represented by Advocate Dali Mpofu, Zuma is appealing the SCA to overturn the the High Court ruling that the former president’s release on medical parole was unlawful and irrational.

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Former correctional services commissioner Arthur Fraser granted the former president medical parole after serving only two months of his 15-month sentence. However, the medical advisory board recommended against the release.

According to News24, Mpofu told the SCA that Fraser did not abuse his authority when he awarded the former president medical parole against the advisory board’s recommendations. Mpofu rather questioned the authority of the advisory board.

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Mpofu Said:

"I mean, it's an advisory board. Even ministers have advisory boards; sometimes they take their advice and sometimes don't. If the legislation wanted the advisory board to make such a decision, it would have said so."

Mpofu added that Dr Mafa could prove beyond a reasonable doubt that Zuma had a terminal illness when he filed the former president’s parole application.

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When questioned about Zuma’s redacted medical parole application, Mpofu said his medical records are classified, adding that the judiciary should not question medical experts.

Mpofu said:

"How can a court of law know better than medical experts? These are experts, and we must assume they have discharged their professional duty when they say the man suffers from a terminal disease. Who are we?"

EWN reported that the Supreme Court of Appeal has reserved judgement in Jacob Zuma’s appeal to overturn the ruling that his release on parole was unlawful.

South Africans react to Jacob Zuma's appeal

@MarinusO said:

"Mpofu does not know the law. He should not be practising. Hope the LPC disbars him sooner than later."

@asboats commented:

"If no one is to know what the medical situation is... how can you give him parole? Based on what?"

@LynettevanWyk3 said:

"This is a waste of time… the law is only for certain people."

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JZ Foundation condemns Jacob Zuma’s parole appeal, says it undermines the former president’s integrity

In a related matter, Briefly News reported that the Jacob Zuma Foundation’s Spokesperson Mzwanele Manyi believes that the former president’s medical parole case is another attempt to undermine his integrity.

The Supreme Court of Appeal in Bloemfontein is reviewing the case after the High Court found his release unlawful.

@Thulaganyo_G said:

“President Zuma was not supposed to be jailed in the first place, those con court judges were emotional when they sentenced him to direct imprisonment.”

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Source: Briefly News

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