Jail debate opposition scathing in reaction; minister says financial adviser is ‘in final phase’

Cape Town ­ Outrage and disbelief has greeted the news that convicted fraudster Schabir Shaik has been given medical parole after serving a little more than two years of his 15-year sentence, with many suggesting it was a reward for being close to African National Congress (ANC) president Jacob Zuma.

The most telling of the objections came from opposition MPs who, late last year, were given a confidential briefing on Shaik spending most of his prison time either in a state or prison hospital. The parliamentary correctional services committee meeting was closed on account of the confidentiality accorded to a person’s medical records.

Many of the challenges to the decision focused on the fact that the law says medical parole is for terminally ill prisoners so that they can die with dignity. Critics questioned why, when thousands of terminally ill prisoners die in jail, medical parole was granted to Shaik.

Last night, Correctional Services Minister Ngconde Balfour said Shaik was in “the final phase of his terminal condition”. Evidence on Shaik’s health was given to the parole board by three medical practitioners, he said.

“The three medical practitioners’ collective submission shows a unanimous conclusion that Mr Shaik is in ‘the final phase of his terminal condition’,” said Balfour.

“One even went as far as saying that his condition has reached an irreversible condition. Having studied the contents of the report as submitted to me by the said parole board, I am of the view that the decision they made is correct,” said Balfour.

Democratic Alliance spokesman on correctional services James Selfe said that because medical parole was meant for the terminally ill, this “must mean that he is now in such a position”.

“Mr Shaik is a high-profile and controversial offender. While his medical condition is confidential, it would be appropriate for the department of correctional services to disclose the grounds on which Mr Shaik qualified for medical parole. This will do much to dispel the notion that double standards are being applied,” Selfe said.

More strident was United Democratic Movement leader Bantu Holomisa, who insisted that Shaik did not qualify for medical parole and “we believe it must be seen in the context of a continuous campaign by the ruling party to undermine the judiciary of this country when it comes to its high-ranking members and those connected to them”.

He said that only last weekend Zuma told The Weekender that he would pardon Shaik if he became president, “and now a few days later Mr Shaik is released”.

“It is all part of a concerted effort to subvert, undermine or destroy anything and any person that stands between the ruling faction and their quest for power.”

The Congress of the People (COPE) said it was taking legal advice on the legitimacy of the decision because it was another “clear case of abuse of power by the ruling ANC”. Freeing Shaik now meant that Zuma would not have to do it if and when he came to power.

“This release is irregular as thousands of inmates with more serious illnesses are still in prison and more than 1 400 die each year without being considered for medical parole.”

Independent Democrats leader Patricia de Lille said the release was “disgusting” and called for a full investigation of the circumstances. She accused Zuma and the ANC of political interference.

Inkatha Freedom Party spokeswoman Sybil Seaton said the move came as no surprise and proved that if “you are an ANC comrade, anything is possible, even a get-out-of-jail-free card”.

Freedom Front Plus chief whip Corne Mulder said the party “wants to know from the minister of correctional services how it is possible that Mr Shaik could be released on these grounds, while other prisoners who for a very long time are entitled to parole for some dark and unknown reasons are still being incarcerated”.

With acknowledgements to Wyndham Hartley and Business Day.