Shaik parole violations: is the DCS covering up for Shaik yet again?

According to a report on the South African Press Association newswire, convicted fraudster and "medical" parolee Schabir Shaik was given permission by his parole officer to visit the Thanda Private Game Reserve in June last year (see report), on the grounds that this was "good for his recuperation". According to the report, the Department of Correctional Services spokesperson Sonwaba Mbananga conceded that Shaik had twice broken his parole conditions, but that it was justified giving him a written warning because he was a phase 2 parolee, and not a phase 1 parolee as we, the Democratic Alliance, have stated.

If I am ever a parolee, I hope I have the same parole officer as Schabir Shaik. Every time Shaik breaks his parole conditions, the DCS jumps to his defence. The purpose of parole is to continue to correct offending behaviour. This implies that parolees adhere strictly to their parole conditions, or face the prospect of returning to prison. Mr Shaik can apparently cock a snook at the DCS with impunity. What message does this send out to other parolees?

In addition, Mr Shaik was released on medical parole because, according to the Minister of Correctional Services, he was "terminally ill". In fact, in terms of section 79 of the Correctional Services Act, the only reason an offender can be released on medical parole is because such offender is in the "final phase" of a "terminal disease or condition", in order "to die a dignified and consolatory death". In terms of these criteria, Mr Shaik ought not to be able "to recuperate". By Mr Mbananga's own admission, therefore, Mr Shaik was not terminally ill.

Moreover, it is not true that Mr Shaik was a phase 2 parolee - that is, if the DCS is to be believed. In a parliamentary reply received by me on 9 December 2009, the Minister of Correctional Services stated that Shaik was a phase 1 parolee (see reply attached). Either the left hand of the DCS doesn't know what the right hand is doing, or Mr Mbanganga is contradicting the Minister.

It becomes clearer with every passing day that Mr Shaik was unlawfully released on medical parole, and that subsequent to this unlawful release, the DCS is doing everything in its power to protect Mr Shaik and exculpate the fact that he has broken his parole conditions repeatedly, brazenly and unrepentantly.

PARLIAMENTARY REPLY:

FOR WRITTEN REPLY

QUESTION NO: 1101

DATE SUBMITTED:

MR J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) Whether a certain person (Mr. Shabir Shaik) was released on parole in terms of section 79 of the Correctional Services Act, Act 8 of 1959; if so, (a) when and (b) why;

(2) whether the said person is subject to any parole conditions; if not, why not; if so, (a) what are the conditions and (b) who monitors his adherence to these conditions;

(3) whether the said person has broken his parole conditions; if so, (a) how many times and (b) what (i) was the nature of his infraction and (ii) action was taken against him in each case?
NW1362E

REPLY

(1) (a) Yes, Mr Shabir Shaik was released on 3 March 2009 in terms of section 79 of the Correctional Services Act, No 111 of 1998.

(b) Mr Shaik was diagnosed as being in the final phase of a terminal disease.

(2) Yes. Mr Shabir Shaik was ordered in terms of Section 52(1)(b) of the Correctional Services Act, No 111 of 1998 to comply amongst others, with the following conditions:

• He is currently under PHASE1 supervision with house detention

• To conduct himself properly at all times

• not commit any crime or offence of any kind

• allow officials of the Department of Correctional Services access to his property / residence for monitoring purposes

• obey all orders to report at places and times agreed upon with the Correctional Supervision official / Chairperson: Supervision Committee Durban

• not leave the magisterial district(s) of Durban without the approval of the Head Community Corrections / Chairperson : Supervision Committee

• If a reasonable suspicion exists that he is in possession of prohibited dependency producing substances which have not been provided on a doctor's prescription, he may be searched by a correctional official. This applies in respect of containers/ items which are in his personal possession

(b) Mr Shaik is monitored by the departmental officials from the Durban Community Corrections office.

(3)(a No, Mr Shaik has not violated any of his parole conditions.

(b)(i)and (ii) Falls away.

Statement issued by James Selfe, MP, Democratic Alliance shadow minister of correctional services, January 10 2010

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