Zuma in jail: experts weigh in
Experts weigh in on what the former president’s imprisonment means for the ANC and South Africa
HE TRIED pretty much every trick in the book but in the end he had to do what every other citizen in this country must do: obey the rule of law. Former president Jacob Zuma’s delay tactics – of which there were plenty – couldn’t keep him out of jail and he handed himself over at practically the last minute.
His last-ditch attempt was to have the Constitutional Court change its decision to send him to prison for 15 months after finding him guilty of contempt of court.
After weeks of high drama, we speak to experts about what Zuma can expect in prison and what it means for his future, for the ANC and for South Africa.
WHERE HE’S JAILED
Zuma spent 10 years on Robben Island as a political prisoner between 1963 and 1973 and his new prison will be worlds away from the appalling conditions and back-breaking labour he was subjected to in the apartheid-era prison.
The medium-security Estcourt Correctional Centre in Estcourt, KwaZulu-Natal, was built in 1966. It underwent a 17-yearlong refurbishment, aimed at reducing overcrowding, that was completed in 2019.
Its cells can house 10 inmates each. Zuma will be quarantined in isolation in the hospital wing for his first 14 days in line with Covid-19 safety protocols, says Ronald Lamola, minister of justice and correctional services.
Zuma is likely to get first-class treatment inside the prison – despite Lamola’s assurances that the former president will be treated like any other inmate.
“It’s sad because this happens all over the world – there are prisoners who get special treatment because of who they are,” says Golden Miles Bhudu, a prisoner rights activist and spokesperson for the SA Prisoners Organisation for Human Rights.
Zuma will have access to TV but won’t be allowed a cellphone. He’ll have to use the public telephones in the prison, Lamola says.
He’ll also not have a personal bodyguard, but Bhudu expects correctional officers and prisoners will give him special treatment.
As a former president who’s 79 years old and might have health issues, Bhudu says he thinks Zuma will spend the duration of his sentence in the hospital wing or in a single cell.
“The hospital section is safer and there are single cells which would’ve been prepared for him to ensure he doesn’t contract coronavirus,” Bhudu tells YOU.
Prisoners live by a strict schedule, he says. Because SA prisons are notoriously overcrowded, prisoners wake up at 4am to wash and eat breakfast at 7am.
If they have work duties they’ll do this until lunchtime at noon. Supper is at 3pm.
Meals are often starchy. Breakfast is
WHAT DOES THIS MEAN FOR HIS ALLIES AND THE ANC?
cereal with milk and sugar or bread with margarine and a spread along with tea or coffee. Lunch is usually bread with margarine and a spread again‚ along with a fruit drink or soup. Supper is generally a meat‚ starch and vegetables.
Inmates are allowed at least one hour of leisure time, which is usually used for exercise. None of these rules is likely to be imposed on Zuma, Bhudu says. “It’s possible a doctor could be called in to prescribe his diet, which doesn’t happen with ordinary offenders.”
He won’t have visitors – all visits have been suspended because of Covid-19.
Zuma will be eligible for parole after serving a quarter of his 15-month sentence, which means he could be free in just more than three and a half months. Panic must be spreading through the ranks of Zuma’s allies, says political analyst Trust Matsilele. He expects people such as suspended ANC secretary-general Ace Magashule, who’s facing corruption charges, must be worried. Two days after Zuma went to Estcourt, the high court upheld Magashule’s suspension from the ANC.
“It tells you that [if he’s convicted] Ace will be sent to jail without [the courts] even thinking of any possible repercussions. Everyone who thought they could skirt the rule of law because of political capital will suddenly realise they don’t have capital.”
The ANC needs to respect the fact that a separation of powers exists between the state and the judiciary, Matsilele says.
“For a long time they thought they were above the law. Now we see that’s not the case – the country comes ahead of the party.”
Zuma’s attempts to dodge the Zondo Commission backfired, says Ivor Sarakinsky, professor of governance at Wits University in Johannesburg.
“I don’t think he expected to be charged or that the Constitutional Court would send him to jail.”
Magashule and others in his position know that if they’re convicted and their appeals go all the way to the Constitutional Court they can’t expect special treatment, he adds.
WHAT DOES IT MEAN FOR THE COUNTRY’S IMAGE?
The Constitution is intact, Sarakinsky says, and the world knows that the rule of law will prevail – eventually.
“Investors are looking at this and saying this is good because there’s a Constitutional Court that’s going to defend principles that create predictability in terms of the legal process.”
Recent events bode well for Ramaphosa’s clean government agenda, Matsilele says. “There are a lot of positive statements around what the administration has been doing and it’s really unique compared to what’s been happening since 1994.”
But economist Azar Jammine says we shouldn’t get too excited about the ruling’s impact on the country’s image, as this is only one of many challenges we’re facing.
The rand didn’t make any gains after the judgment. “In fact, it lost ground,” Jammine says. “People are realising this isn’t the be-all and end-all of things.”
When Zuma entered Estcourt prison, the rand was similarly unaffected.
‘FOR A LONG TIME THEY THOUGHT THEY WERE ABOVE THE LAW’