Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
The Minister said, among other things, that “in the light of the nature of the crime [the applicant] committed and in the light of the sentence remarks by the trial court and the Supreme Court of Appeal, [to release the applicant on parole] will negate their remarks that the offender’s atrocious crime demands the severest punishment which the law permits”. (Emphasis added). The severest punishment that a prisoner may serve in South Africa is a life imprisonment where he or she is not granted parole. This could happen in a case, for example, where a prisoner is such that he or she does not meet the requirements for parole. In this regard one could think of a prisoner who commits offences while in prison itself or who is always causing trouble in prison and does not show signs of rehabilitation.
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