Jacob Zuma was saved from more prison time by an anomalous constitutional provision with historical roots in the powers of the British monarch. A closer look at the provision shows why this is not as outrageous or legally problematic as some critics suggest.

In terms of Section 84(2)(j) of the South African Constitution, the president - acting as the head of state - is "responsible for pardoning or reprieving offenders and remitting any fines, penalties or forfeitures". President Cyril Ramaphosa relied on this provision (mirrored in Section 82 of the Correctional Services Act) to order a 12-month reduction of the sentences of all prisoners not serving time for certain categories of serious or violent crime. He granted low-risk offenders an additional 12-month remission of their sentences.

For low-risk offenders like Mr Zuma, who had less than 24 months of their sentence remaining, the remission in effect "extinguished" the remaining part of their sentence. As a result, Mr Zuma no longer had any prison sentence to serve, and was therefore a free man. Even if he had wanted to, there was nothing the Commissioner of Correctional Services could have done to ensure that he served out the required part of his original sentence. (His decision to fast-track the processing of Mr Zuma's remission is legally a different matter.)

Informed critics of this turn of events would argue that it is not a coincidence that President Ramaphosa's decision to remit the sentences of certain categories...