Zuma prison release: Remission granted to him and other inmates aged 60 and older

In a surprising turn of events, former South African president Jacob Zuma has once again managed to avoid a prolonged stay behind bars. Zuma’s brief return to prison on the morning of 11 August 2023, stirred debate as he was released before two hours were up.

The Department of Correctional Services’ acting national commissioner, Makgothi Thobakgale, addressed the situation during a press briefing.

Thobakgale revealed that a decision had been made for Zuma to return to the Estcourt Correctional Centre. This move followed his release from the same facility in September 2021, when he was granted medical parole.

According to Thobakgale, Zuma arrived at the prison at 6 am on Friday and underwent processing before being promptly released. The rationale behind Zuma’s release lies in a special remission of prison sentences for nonviolent offenders, an initiative officially approved by President Cyril Ramaphosa and shared by Correctional Services Minister Ronald Lamola.

Lamola emphasised that the special remission wasn’t intended to grant Zuma leniency but rather aimed to address the issue of overcrowding in prisons. Moreover, due to this remission, Zuma will not be subject to the parole system.

The Department of Correctional Services issued a statement clarifying that President Ramaphosa had indeed sanctioned the remission of sentences for nonviolent offenders across South Africa. With a staggering 212,286 inmates, including 9,351 foreign nationals, being managed by the Department, the state of overcrowding remains a significant concern.

“The current occupancy rate is 143%, with the overcrowding rate at 43.06%. The recent loss of 3024 beds at Kutama Sinthumule due to fire means that overcrowding will increase by 4%, raising the overcrowding rate to 47.06% and in turn the occupancy rate will increase by 147 per cent,” stated the Department.

The department further highlighted that this overcrowding situation poses a direct threat to inmate health, security, and overall management, potentially fuelling an upsurge in gang activity. The inability to provide adequate development and rehabilitation programs is also a pressing concern.

The Department of Correctional Services underscored that the remission of sentences is a crucial element of the justice system, rooted in Section 84 (2) (J) of the Constitution. However, it clarified that specific offenders, including those convicted of sexual offenses and life sentences, as well as declared dangerous criminals, are excluded from this special remission.

While Zuma’s release has reignited discussions on justice and accountability, the decision is expected to have broader implications. Allegedly, this action will lead to the deportation of 3064 foreign nationals serving short term sentences under the guidance of the Department of Home Affairs. Furthermore, it aims to alleviate prison overcrowding by releasing around 9,488 inmates and an additional 15,000 inmates currently under correctional supervision and parole.

To ensure the effective implementation of this decision, a joint technical task team consisting of departments within the Justice, Crime Prevention, and Security cluster will oversee the process over a ten month period, with the Department of Home Affairs overseeing the aspect concerning foreign nationals.

Additionally, the Department assured that victims will be granted the opportunity to make representations during the consideration process for placement.

With Jacob Zuma once again at the centre of controversy due to his release and the wider implications for the justice system, the public’s opinions on these developments remain divided.

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