Schabir Shaik's breach of his parole conditions in May this year, was not his fault and could be blamed on traffic delays and Woolworths running out of stock.

This is according to the Department of Correctional Services who on Wednesday relaxed Shaik's parole conditions

Asked what the upshot was of its investigation into Shaik's shopping trip to Woolworths in Cowey Road on the Berea in Durban on May 30, correctional services regional head Mnikelwa Nxele said his department was confident Shaik was not at fault for shopping in breach of his parole conditions.

He had been spotted shopping at the store after 2pm, the hour at which his "free time" was supposed to end:

"He was delayed at the store because they were running out of stock and took about 15 minutes to sort it out for him," said Nxele.

"We were satisfied with the explanation from the manager... It was also a busy sporting weekend and so there was heavy traffic. So, between the traffic and shop delays, Shaik was in the shop for more than 20 minutes after 2pm."

It was not the first time that Shaik had breached his parole conditions. In December, he was spotted shopping outside his allotted time and was punished with a cut from six to four hours free time.

On Wednesday, he was back to the pre-December parole conditions, with six free hours, in addition to four hours he is allowed to attend prayers at his mosque on Fridays.

If Shaik behaves in the next three months, he will also get an extra four hours a week to move around freely.

Meanwhile, it emerged on Wednesday that prisoners could soon be released on medical parole without being terminally ill. It could also be possible to return to jail for those who recover from their illnesses.

However, this will not apply to Shaik, as any changes to the law will not be retrospective.

A cabinet committee is set to consider proposed changes to the medical parole system outlined in an amendment to the Correctional Services Amendment Act.

About 60 percent of "terminally ill" prisoners released on medical parole go on to recover their health, according to Correctional Services Department figures.

The ministry's spokesman, Sonwabo Mbananga, on Wednesday said the act had to be amended to facilitate the changes.

Minister Nosiviwe Mapisa-Nqakula had originally wanted changes to the medical parole system effected through regulations to allow for a faster change to the policy, but it had become apparent that the act needed to be amended, Mbananga said yesterday.

He said the change would be effected within this financial year.

"The thinking by the minister in asking for the review was that doctors were reluctant to play sangomas and predict when people will die, because the law at the moment says prisoners must be terminally ill (to be released on medical parole)," he said.

Mbananga gave the example of Aids, saying it was a terminal illness and that prisoners who needed special treatment for Aids-related illnesses could in future be released on humane grounds.

He would not comment on whether such prisoners would be jailed again should their health improve, but said the amendments, which would go before Parliament once approved by the cabinet, would address this.

Mbananga said, however, that the amendments would not be retrospective and thus would not apply to Shaik, who was released on medical parole in March last year on the grounds that he was terminally ill.

Shaik has since been seen out and about in Durban. He has also applied for presidential pardon, but presidential spokesman Zizi Kodwa did not respond to repeated queries this week as to whether President Jacob Zuma had considered the application, as he had promised to do a few months ago. Shaik acted as Zuma's financial adviser in the past, raising questions about Zuma's impartiality in considering such an application.

The IFP said on Wednesday that the review of the medical parole system was "urgent" following the arrest on Tuesday of a prisoner, who was on medical parole, in connection with an armed robbery.

"It is clear that there is a loophole in the medical parole system which is being abused," said IFP chief whip Koos van der Merwe.

    This article was originally published on page 3 of The Mercury on August 12, 2010

With acknowledgements to Melanie Gosling and Cape Times.

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I have it on good authority that Shaik had to be the fall guy on the Arms Deal because someone had to be charged and he was the obvious candidate because he was so brazen and stuck his neck out so far.

However, he was promised that he would sit for only a short time and a plan would be made to spring him.

Which was done by hook and by crook.

And spring is the right term because the method was cynical and fraudulent.

A presidential pardon is coming up as soon as it is convenient, probably just after the country gets into its noppies when Jacob Zuma announces that we are going to bid for the Olympic Games in 2020 (or equivalent situation).

Additionally, other than giving up about R30 million in assets including his shares in ADS, Shaik still earns millions of Rands per year from his drivers licence contracts and Cell C shares.

Mac Maharaj set Shaik up in the toll road and drivers licence business and both he and his wife got a lot in return.

The NPA investigated Maharaj and has a solid case against him, but he, like Joe Modise, have never been charged because they are serious ANC heavy batters (unlike any of the Shaik brothers).

Cell C on the other hand was just a money printing company set up by the government to ride on the backs on Vodacom and MTN with the equity being given to the ANC government friends and benefactors.

The Shaik family own a lot of Cell C shares between them.