|
Doctors 'Unanimous' on Shaik |
| Publication |
Cape Times |
| Date | 2009-03-04 |
| Reporter | Sapa |
| Web Link | www.capetimes.co.za |
Paroled fraudster Schabir Shaik is in "the final phase of his terminal
condition", Correctional Services Minister Ngconde Balfour said on Tuesday amid
the controversy over the early release of ANC president Jacob Zuma's former
financial adviser.
He said evidence on Shaik's health was given to the parole board by
three medical practitioners *1.
"The three medical practitioners' collective submission shows a unanimous
conclusion that Mr Shaik is in 'the final phase of his terminal condition',"
said Balfour.
He added: "One even went as far as saying that his condition has reached an
irreversible stage.
"Having studied the contents of the report as submitted to me by the said parole
board today, I am of the view that the decision they made is correct," said
Balfour.
Shaik was released on parole earlier on Tuesday.
Shaik, who was sentenced to 15 years in jail for fraud and corruption involving
Zuma, spent his first day at home on Tuesday. He was released after serving two
years and four months of his sentence.
Outside his family home, his brother Yunus said Shaik was "gravely ill", heavily
medicated and fast asleep at home.
Shaik was brought home in an ambulance and wheeled into the house on a
stretcher. By noon he had not left his bed.
Yunus confirmed that Shaik was relieved to be home. He said doctors were to
visit Shaik on Tuesday to assess whether he needed fulltime medical staff at
home, but were not prepared to run the gauntlet of media personnel camped
outside his plush home in Morningside *2.
An expert on parole rules called Shaik's release on medical grounds
"a strange thing".
Attorney Clifford Gordon, who represents prisoners on parole and related
matters, said on Tuesday Shaik's doctors had appealed to the parole board on
"humanitarian grounds".
"Which is quite a strange thing," said Gordon.
"This is the first case I've heard of where someone was granted parole who
wasn't at death's door."
The Correctional Services Act of 1998 states that "any person serving any
sentence in a prison and who, based on the written evidence of the medical
practitioner treating that person, is diagnosed as being in the final phase of
any terminal disease or condition" may be put on parole so that they may "die a
consolatory and dignified death".
On Tuesday, Yunus described Shaik only as "gravely ill".
Chairperson of the portfolio committee on Correctional Services Dennis Bloem
said a person could only receive medical parole if they had a terminal disease
or condition. "The Act is saying exactly that," said Bloem.
When asked whether the parole board then acted correctly in giving Shaik medical
parole, Bloem replied: "I assume that they have followed the Act."
One of the more well-known cases regarding medical parole was that of Simon
Mazibuko. Mazibuko applied for medical parole on the basis that he had
Aids-related cancer and was dying.
He was refused parole. His lawyer, Julian Knight, successfully sued Balfour in
2007.
"The salient difference was that Simon Mazibuko was in a far worse condition as
he had terminal cancer. Whereas Schabir Shaik
only has high blood pressure," said Knight. "I just think he's extremely
lucky given his condition... Many other people aren't given the opportunity."
Knight estimated that only between 10 and 20 prisoners received medical parole a
year.
Gordon said Shaik's medical parole on the basis of his poor health rather than
terminal illness "does indicate a policy shift at the parole board".
The president of the South African Prisoners Organisation for Human Rights,
Golden Miles Bhudu, said he hoped Shaik's release would encourage Correctional
Services to provide medical parole to other prisoners. "There are about 2 500
inmates who have died last year because either prison officials were negligent
or did not make recommendations."
Opposition parties also weighed in on the matter of Shaik's medical parole.
DA spokesperson on Correctional Services James Selfe said: "The purpose of
medical parole is to release terminally ill offenders so that they can die a
'dignified and consolatory' death in the presence of their family and friends."
Selfe and Independent Democrats leader Patricia de Lille said many prisoners
were suffering from terminal illnesses and were not given medical parole.
"What about the thousands of other prisoners that were never fairly assessed by
the parole boards? Shaik has been given preferential treatment throughout his
sentence," said De Lille.
It was "completely disgusting" that there was such scant regard for procedures
and the law when a criminal had connections to high-profile politicians, she
added.
Chairman of the parole review board Judge Siraj Desai said medical parole was
meant only for people who were terminally ill, not those suffering from lesser
conditions, "There is no elasticity in the Act
in so far as it concerns medical illnesses generally," he said.