Du Plessis said the genesis of the amendment to the Correctional Services Act in 2008 showed that the intention was to place the determination of the medical leg of inquiry in the hands of the board, and not the commissioner or the minister.
“We say with respect, that regulation 29 is a black letter, it is a requirement of law that there must be a positive recommendation by the board for there to be a lawfu;l decision by the commissioner to grant medical parole.Du Plessis said if the court accepted his argument thathad no leeway in law to override the recommendation of the board, his only remedy if he disagreed would have been for him to take its advice on review.
Counsel for Fraser and Zuma had pointed to early reports by two doctors – Mafa and Mphatswa – who found that he was terminally ill. But Du Plessis said after further medical advice was received from specialists, the board concluded on 2 September that he did not suffer from any terminal disease.
Late in the day’s pleadings, he mentioned that Dr Mphatswa, a member of the advisory board who had examined Zuma – noted that the former president had an intestinal lesion but the medical conditions from which he suffers remain otherwise undisclosed. But Jamie countered that the DA asked for the full record of the information on which Fraser relied, but were stymied by Zuma who refused that his medical reports be released.
Direct imprisonment is not an option as he is serving a medical parole anyway. The sentence never stopped and it’s coming to an end in October 2022
Yip the shit show continues
Let them sent the sneaky Fraser to go complete the remainder of the sentence ..
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