Civic organisation, AriForum, has accused lawyers of former President Jacob Zuma and the Correctional Services Department of incorrectly reading and interpreting the Correctional Services Act. This is contained in papers before the Supreme Court of Appeal in Bloemfontein.
AfriForum, the Democratic Alliance, and the Helen Suzman Foundation are challenging the decision by former Correctional Services Commissioner, Arthur Fraser, to release Zuma on medical parole.
AfriForum contends that Fraser was duty-bound to uphold recommendations of the Medical Parole Advisory Board not to release Zuma on medical parole.
AfriForum contends that Zuma did not meet the prescribed criteria to be released on medical parole.
The organisation says even though the Act empowers the Commissioner to grant medical parole to a sentenced offender serving a sentence of less than two years, there is a procedure to follow.
It is only the Medical Parole Advisory Board that can decide whether an application for medical parole complies with the legal requirements.
AfriForum has further submitted that the Correctional Services Act does not grant an overriding power to the minister, the commissioner, or the Correctional Supervision and Parole Board to circumvent the criteria prescribed for medical parole.
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