The Constitutional Court's decision not to consider an appeal by the National Commissioner of Correctional Services in Jacob Zuma's parole matter means that Zuma must now go back to prison to serve the remaining part of his 15-month sentence, subject to his early release on either parole or on any other ground provided for in the law. The question now is whether a way could be found (or ought to be found) to spare Zuma from further incarceration.

The Supreme Court of Appeal (SCA) judgment which invalidated the granting of medical parole to Mr Jacob Zuma, made clear that this leaves Mr Zuma in the position "as it was prior to his release on medical parole". This means that Mr Zuma "has not finished serving his sentence" and that he "must return to the Escort Correctional Centre to do so".

It is important to note that whatever decision is taken by the commissioner about Mr Zuma's possible early release from prison on parole or under correctional supervision, in terms of the SCA judgment Mr Zuma is first required to return to prison.

As has so often happened in the past when faced with legal difficulties, Mr Zuma has revived an undisclosed medical condition, and has jetted off to Russia, allegedly to receive medical attention there. If he indefinitely delays his return to South Africa, or if he refuses to go back to prison on his return, the National Commissioner of Correctional Services would be able to rely on 39(6)(a) of the Correctional Services Act which allows him ("if he is satisfied that a sentenced offender has been released from a correctional centre erroneously") to "issue a warrant...