LETTER: Inconsistent rulings got SA into Zuma mess
Top court took the unprecedented decision to order the release of Janusz Walus
17 August 2023 - 15:49
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Former president Jacob Zuma. Picture: SANDILE NDLOVU
The DA’s mooted challenge of Jacob Zuma’s release from jail is misplaced. The Supreme Court of Appeal (SCA) ruled that we are at the point immediately before the illegal decision by the former commissioner of correctional services to release the former president.
Crucially, the present commissioner has the discretion to decide on Zuma’s release or otherwise. This is a subjective, not an objective, decision. It was in the hands of the commissioner to decide whether Zuma served his sentence while out on parole.
One wonders whether the president was not certain if the commissioner would indeed release Zuma, hence his intervention in the matter.
Ultimately, the furore over Zuma’s release should be laid at the feet of inconsistent rulings by the courts on crucial issues. The Constitutional Court took the unprecedented decision and ordered the release of Chris Hani’s assassin, Janusz Walus, while the SCA placed this responsibility in the hands of the commissioner.
It is curious that the DA, Freedom Front Plus and other political parties did not oppose the release of an assassin who almost succeeded in plunging this country into civil war, yet they are strongly opposed to the release of Zuma in terms of the powers conferred to the president by the constitution.
Jeffrey Mothuloe Via email
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
LETTER: Inconsistent rulings got SA into Zuma mess
Top court took the unprecedented decision to order the release of Janusz Walus
The DA’s mooted challenge of Jacob Zuma’s release from jail is misplaced. The Supreme Court of Appeal (SCA) ruled that we are at the point immediately before the illegal decision by the former commissioner of correctional services to release the former president.
Crucially, the present commissioner has the discretion to decide on Zuma’s release or otherwise. This is a subjective, not an objective, decision. It was in the hands of the commissioner to decide whether Zuma served his sentence while out on parole.
One wonders whether the president was not certain if the commissioner would indeed release Zuma, hence his intervention in the matter.
Ultimately, the furore over Zuma’s release should be laid at the feet of inconsistent rulings by the courts on crucial issues. The Constitutional Court took the unprecedented decision and ordered the release of Chris Hani’s assassin, Janusz Walus, while the SCA placed this responsibility in the hands of the commissioner.
It is curious that the DA, Freedom Front Plus and other political parties did not oppose the release of an assassin who almost succeeded in plunging this country into civil war, yet they are strongly opposed to the release of Zuma in terms of the powers conferred to the president by the constitution.
Jeffrey Mothuloe
Via email
JOIN THE DISCUSSION: Send us an email with your comments to letters@businesslive.co.za. Letters of more than 300 words will be edited for length. Anonymous correspondence will not be published. Writers should include a daytime telephone number.
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