Chesne Albertus

The Constitutional Court order relating to a case involving former President Jacob Zuma has illuminated some of the flaws in the law governing medical parole in South Africa. This is despite amendments in 2012 to ensure equality before the law, uphold offenders’ rights to dignity and healthcare when they suffer from serious physical health problems.

Zuma’s case has cast doubts upon the efficacy of the law in achieving these objectives. In short, his parole tested the buoyancy of the law in facilitating the medical release of offenders without political or other interference. He eventually returned to jail on the morning of 11 August, but was immediately released on remission of sentence.

The Constitutional Court rejected the Department of Correctional Services’ application for leave to appeal against the 2022 judgment of the Supreme Court of Appeal (SCA). The SCA had found that Zuma was unlawfully granted medical parole against