Schabir Shaik *1
Photo: Felix Dlangamandla

It has been two weeks since Schabir Shaik allegedly assaulted reporter Amanda Khoza and yet police have still not questioned the convicted fraudster about the incident.

On February 27, Khoza approached Shaik at the Papwa Sewgolum Golf Course in Durban and questioned whether he was in breach of his parole conditions. Shaik is accused of responding angrily before allegedly choking Khoza and slapping her twice. Charges were laid with the Sydenham police that night.

However, despite Shaik’s whereabouts being known due to his parole conditions, police spokeswoman Brigadier Phindile Radebe told the Tribune yesterday that Shaik had not yet been interviewed.

“We will probably do that next week,” she said. However, Radebe insisted the investigation was “continuing well”.

“We have already obtained statements from the witnesses. Not yet from Mr Shaik, but we will probably do that next week. After we finalise the investigations, we’ll take it to the directorate of public prosecutions to determine whether there will be a prosecution,” she said.

Opposition parties have criticised the police’s lack of action in this case.

IFP national organiser Albert Mncwango said: “It’s another classic example that Shaik is a unique citizen of South Africa. You can’t have a situation where a charge of assault has been laid and then it takes the police two weeks to even bother about taking a statement, let alone arresting, the alleged perpetrator. When will Shaik stop getting preferential treatment? It’s shocking.”

DA provincial leader and crime spokesman Sizwe Mchunu said the situation was “ridiculous”.

“We are appalled to hear that, two weeks down the line, the complainant is still left in suspense and doesn’t know what is happening with the case. The fact that he (Shaik) hasn’t been interviewed on the allegations is a serious indictment on the law enforcement agency.

“If it was anyone else, that person would have been questioned or kept in police custody. It is appalling to hear that the police have taken this matter so lightly. It’s an indictment on the credibility of the police force,” he said.

The Tribune can confirm, however, that Shaik has been interviewed by the Correctional Services Department.

Correctional Services Ministry spokesman Sonwabo Mbananga said: “Correctional Services officers indeed interviewed not just… Shaik, but all persons that were directly implicated in the alleged incident. The department is not obliged to disclose internal operational matters and therefore will not be disclosing the manner of the interviews nor the copy of the statement from… Shaik.”

It was also revealed that, after his interview, Shaik would no longer be required to appear before the parole board to give his account of what happened.

A week ago, Mbananga said Shaik would have to go before the board within two weeks of the complaint having been laid, even though this meeting would not be to determine his guilt or innocence.

Mbananga told the Tribune last week: “Following a preliminary investigation by the supervisory committee of the Community Corrections branch in the Durban management area to which parolee Shaik is attached, it determined that because there was no conclusive evidence to confirm the events around the allegation of assault as reported… there was no basis for the parolee to appear before the Correctional Supervision and Parole Board (CSPB) – as was announced earlier – to give his account of what happened.

“This (his appearing before the board) would have been necessitated by evidence of breach of parole conditions and would therefore had to appear before the CSPB to give his account of events and possibly have conditions altered accordingly.”

According to Shaik’s parole conditions, given to the Sunday Tribune last week, Shaik is allowed two hours free time every day from Monday to Friday, although he is given extra time on a Friday because of his religious services. Shaik is also allowed six hours of free time on a Saturday and on a Sunday. He is not allowed out of the house after 8pm, unless he has special permission from Correctional Services officials, in which case he can stay out until 10pm.

Shaik is on Phase 3 of a five-phase system for parolees. Phase 1 is the strictest, and allows for a total of four hours free time a week that must be taken on a single day. Phase 5 conditions allow for four hours of free time every weekday and eight hours each on Saturday and Sunday.

According to the conditions, Shaik must be visited at home at least twice a month, although Durban Area Commissioner for Prisons Zebilon Monama told the Tribune that he was visited at least once a week. Shaik is also required to check in at the parole board offices at least once a month.

Asked exactly how Shaik’s parole conditions are enforced, Mbananga said: “The department enforces parole conditions through unscheduled inspections or visits to any parolee at any time. The conditions of parolee Shaik’s conditions are enforced in a similar manner.”

Manelisi Wolela, the spokesman for the Department of Correctional Services, confirmed that there were 7 942 parolees in KZN who are managed by 277 officials. This works out to more than 10 parolees to each official.

“It is never our intention to police them every hour. Note that parole is enforced by compulsory reporting, restrictions to magisterial areas or houses, random home visits and partnerships with communities, and other bodies that help ensure compliance and reintegration into society.

“Indeed a parole (sic) may deviate but should that be detected, disciplinary steps will be taken against him or her ranging from tightening parole conditions up to reincarceration to complete the remaining period behind bars,” Wolela said via SMS.

However, DA spokesman on correctional services James Selfe believes this is not effective enough.

“The parole system as a whole is not very well enforced on a continuous basis. The checks tend to be only on a spot-check basis. With the current level of staffing and enforcement, of course you can (take short cuts). And this can only be fixed if the department is properly resourced.

“Until such a time, and we have been arguing this in Parliament, as the community correction section of the Department of Correctional Services is properly staffed and properly resourced, people who are out on parole will not have their parole conditions properly enforced,” he said.

“There seems to be pitifully few sanctions for people who do break parole conditions, as evidenced by repeat infringements made by Mr Shaik, with no apparent penalties,” he said.

Mncwango also questioned the parole system and its enforcement.

“ From the onset, he’s played every trick in the book to avoid incarceration. I have visited prison myself and I’ve seen desperate medical cases where people are still languishing in prison. There is not only ineffective monitoring, but there is no fair application of the parole conditions.

“Correctional Services have to revisit the whole issue of parole,” he said.

Meanwhile, reports have been doing the rounds that Shaik was allegedly involved in a heated altercation with a fellow devotee after attending prayers at an Overport mosque on Friday. It is being said that he slapped and punched a man who became angry because Shaik had blocked the vehicle exit point after noon prayers at the Masjid al Hilal.

Shaik has categorically denied the incident. Speaking to the Tribune last night he said he felt he was being targeted unfairly.

“I went to prayers as usual, and absolutely nothing untoward occurred,” he said. “It seems that every week I am going to be accused of something fresh. I received a phone call from a media person on Saturday, who made these allegations. They said they were acting on the basis of an anonymous call. This is completely spurious and without basis.”

The Tribune spoke to four people last night who had been at the Friday lunchtime service. They all said the same thing: “If it had happened, we’d know about it.”

Farhad Garda, a trustee on the board of the mosque, said that while he had not been there on Friday, he had “serious doubts” about the allegations.

“We are a very small, tight community and we discuss matters freely that involve our own,” he said.

“If an incident of that nature had occurred, it would be a huge talking point. I had lunch guests on Saturday who were at the service, and nothing at all came up.”

Moulana Katani, an Imam at the Masjid al Hilal, said that he had not received any notification of an incident there on Friday.

“There are a number of exit points from Hilal, so it is possible that something happened that was not noticed or reported, but I cannot confirm anything without making further enquiries,” he said.

*1       The handsome face of ZEE.

The ugliest face of the slippery slope of breakdown of law and order in our beloved land.