Schabir has a genetic affliction of the vascular system that could prove fatal, say his brothers

Yunis and Moe Shaik have made a heartfelt plea for the release of their brother, Schabir, into correctional supervision at home or "some kind of parole".

They say that Schabir is "extremely, extremely ill".

Asked what he would say to sceptics who would claim that Schabir was exaggerating his condition so as to get out of jail, Yunis, an attorney, said yesterday: "His body is shutting down, it seems to me, and there's not much that can be done about it. This thing is turning into a virtual death sentence.

"I have the medical reports from the prison doctors and I have seen Schabir. There is not much more to say."

Schabir, 51, erstwhile "financial adviser" to Jacob Zuma, the ANC president, was sentenced to 15 years in jail in 2005 for fraud and corruption. Schabir went to Qalakabusha correctional centre in Empangeni in November 2006, but a short while later was taken to St Augustine's Hospital in Durban.

Weeks later, he was transferred to Westville Prison, but was then sent back to St Augustine's for three months. He returned to Westville, but spent most of his time there in the prison's hospital ward.

In November last year he had a stroke and was admitted to Inkosi Albert Luthuli Hospital in Durban. In June this year - he has been in the hospital for 130 days - Schabir had a mild heart attack.

"Then, in July," said Yunis, "he had to go into the intensive care unit (ICU) at Luthuli twice - because it was feared that the onset of a stroke was imminent."

Yunis said his brother suffered from a genetic affliction of the vascular system - "from which both my mother and father died young" - which results in "severe uncontrollable hypertension" (high blood pressure).

"This can be treated with drugs, but the problem is that the body grows progressively less responsive to the medication - and then organ damage begins," said Yunis.

"I think it's commonly accepted that many Indian males are plagued by diabetes, high cholesterol and high blood pressure - and Schabir has serious problems with the last two and I think he's developing diabetic problems rapidly."

According to Yunis, Schabir's eyes (he has lost sight in one eye), kidneys and areas of the brain have already been badly affected.

"Obviously, this is a family problem but, whereas the rest of us can monitor it, and whereas Schabir did his best to take care of it before he went to jail, it seems clear that the five-year ordeal of his investigation and trial, and then going to jail tipped him over the edge."

Yunis said that, this being the case, his family was in "continual talks" with the department of correctional services about having Schabir released, but that the department seemed very "timid" about making decisions and appeared stuck in "bureaucracy".

"The department could, if it wanted, release him into correctional supervision at home or some kind of parole.

"But," said Yunis, "there seems to be some kind of hangover from the apartheid days - people who get really sick in jail, and with whom the prison hospitals can't deal, and who ought to be released on that basis, are just never released. They eventually get sent home in a body bag."

Last week a Sunday Independent reporter saw Schabir at the Luthuli Hospital and he seemed to have lost weight and to be frail.

He was walking very slowly, aided by a doctor.

Manelisi Wolela, a spokesman for the department of correctional services, refused to discuss the matter of Shaik.

"I want to believe that the provisions of the legislation dealing with a matter like this are known to all those who are interested, and the Shaiks should be using legal channels for this matter," he said, adding that the provisions were on the internet.

Most of the charges of which Schabir was found guilty in 2005 were related to his having given money to Zuma in anticipated return for business "assistance".

Shaik was also found guilty of facilitating a bribe for Zuma from Thint, a French arms manufacturer. As a result of Shaik's conviction, President Thabo Mbeki fired Zuma from the deputy presidency, also in June 2005 and, soon afterwards, Zuma and Thint were charged with fraud and corruption by the national prosecuting authority, at the time headed by the now suspended Vusi Pikoli.

In September 2006, the charges against Zuma and Thint were struck off the roll by Judge Herbert Msimang, but Zuma and Thint were re-charged in December 2007 - the charges were amplified to include racketeering and tax evasion - by Mokotedi Mpshe, the acting national director of public prosecutions.

This week the trial of Zuma and Thint was adjourned to December 8 while Zuma applied for the charges against him to be declared invalid.

Judge Chris Nicholson will hand down judgment on the application on September 12.

With acknowledgements to Jeremy Gordin and Sunday Independent.
 

• he has been found by the court to be a serious liar, this emanating back a very long time;
• he has been found by the court to be a very non-credible witness;
• his medical diagnosis and prognosis comes mainly from his brothers;
• there seems to be no credible and conclusive independent medical diagnosis and prognosis;
• much of his problems are psychological, which is to be expected when someone is sentenced to 15 years imprisonment;
• the severity of the psychological problems are exacerbated when he realises that his political top cover is not going to become president and issue him with a presidential pardon, but is in fact also going to be sentenced to 15 years imprisonment for the same crimes;
• even very severe hypertension is adequately treatable by pharmaceuticals, even in prison.