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South African Authorities Defend Decision Not To Review Shaik Parole
11 August 2009
The Correctional Services Department on Tuesday defended the decision to grant medical parole to fraud convict Schabir Shaik, saying there is no basis for a review of the decision. "It must be remembered that Mr Shaik was examined by three medical doctors who concurred that he qualified for placement on parole in terms of Section 79 of Correctional Services Act," the department said in a statement. In terms of the Act, offenders who were in the final phases of a terminal illness could be placed on parole to die a consolatory death. The decision of the three medical doctors was also subjected to scrutiny by the Health Professions Council of South Africa, which actually cleared them of any wrong doing, the department said. It was also crucial to note that the Act made no provision for re-incarceration of parolees who might have recovered or not died within a given period of time. "An audit done by correctional services revealed that basically about 36 of parolees released on medical grounds do not die within 12 months of having been placed on parole following a medical report describing them as in the final phases of a terminal illness. "This means over 60% of very sick offenders deemed to be on the death bed by medical doctors, had not died immediately after being placed on parole." Unfortunately, the complexity on making these determinations was serious, such that some of these parolees not only recovered but continued acts of crime, some of which were regarded as aggressive and serious. "Those that commit crime get re-incarcerated to finish their sentences in custody. However the law does not provide for rearrest of any parolee that recovers. "Correctional services again wishes to repeat that legally there is no base for raising questions about the decision of medical doctors that have gone through, possibly, the most intensive scrutiny to date. "In terms of Section 75(8) of the Act, the decision of the Parole Board is final, except that the minister may refer the matter to the Review Board for reconsideration, but in light of the aforementioned findings of the medical doctors there is no basis on which the minister may question the decision of the Parole Board. "There remains no basis for a call for reviewing of the CSPB by the Parole Review Board," the department said. It was reported earlier that Shaik was seen driving himself around Durban. The Democratic Alliance is taking legal advice on whether Shaik's release on medical parole is reviewable. Shaik gravely ill, says family Since his release from prison more than two months ago, convicted fraudster Schabir Shaik has spent most of his days inside his Durban home heavily medicated, his family said. "He hangs around the house every single day," said Shaik's brother Yunus. "He only went out once to visit his father-in-law and that was it. He never leaves the house." Yunus said his brother's health was not improving. Shaik was reportedly suffering from hypertension, high blood pressure, depression and chest pains. "His condition cannot improve because there was permanent damage to him," said Yunus. "This sort of illness won't improve, he just has to take medication and he will continue to take it for the rest of his life." KwaZulu-Natal Health Department spokesperson Chris Maxon said the department had not been monitoring Shaik's medical condition because it was not part of their "jurisdiction". "He came to us as a prisoner and it's up to the Correctional Services Department to check on him, depending on what his parole conditions were." Yunus said his brother's doctor and officials from the correctional services department had been visiting him regularly to monitor his condition. Correctional services spokesperson Manelisi Wolela said the department would ensure all parolees were monitored. He was, however, unable to say how many times a month Shaik had been visited or whether his condition had improved or not. "I don't know if he is improving." However, a correctional official who refused to be named, said even if Shaik's condition improved, he would not be sent back to prison unless he violated his parole conditions. It was the same sentiment uttered by the department on Shaik's release. At the time, the department said officials would visit his family once a month and that Shaik would be confined to his magisterial district. Wolela in March stressed that Shaik could not be rearrested even if his health improved. "The only grounds on which [a paroled prisoner] could be released would be if he or she re-offended or violated the conditions of his or her parole." On Wednesday, the Democratic Alliance (DA) said it had asked Correctional Services Minister Nosiviwe Mapisa-Nqakula to request the parole board to review the granting of medical parole to the convicted fraudster. The party's correctional services spokesperson James Selfe said he had sent a letter to the newly appointed minister on Tuesday and was waiting for a response. The minister was the only person who could ask the parole board, headed by Judge Siraj Desai, to review the decision. "This is quite important because there are hundreds of inmates who are too sick to lift their heads off their pillows and yet they are refused medical parole," said Selfe. He said there was still scepticism about whether Shaik's illness was terminal. Yunus described Shaik as being "gravely ill". Shaik, the former financial adviser to President Jacob Zuma, served just more than two years of his 15-year prison term, most of which was spent in hospital. Shaik was convicted on two counts of corruption and one of fraud which, among other things, related to an alleged bribe facilitation between Zuma and French arms company Thint. The charges against Zuma and Thint were later dropped. -- Sapa
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