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Shaik parole 'won't be reviewed' |
| Publication |
Cape Argus |
| Date | 2009-08-11 |
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Web Link |
The correctional services department on Tuesday defended the decision to
grant medical parole to convicted fraudster 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 percent
of parolees released on medical grounds do not die within 12 moths 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 percent 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 re-arrest 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. - Sapa
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