The recent reported sighting of Schabir Shaik driving himself around Durban, confirms suspicions that his release from prison on medical parole was nothing more than political favouritism. I have undertaken to do the following:
- I have consulted with our lawyers who will advise me on this matter and whether or not it can be reviewed in court.
- I will also approach Minister Mapisa-Nqakula and ask her once more to refer this matter to the Correctional Supervision and Parole Review Board for review.
- I have submitted an Oral Question to the Minister that will be answered in Parliament next Wednesday 19 August (a copy of the question follows below) and I have submitted a written question to determine how many inmates apply for medical parole, how many are granted parole, and how many are refused parole and subsequently die in prison (a copy of the question follows below)
- And, I will approach the committee chairperson, Vincent Smith, to debate the medical parole system, with a view to reforming it.
Despite many efforts by the DA to obtain information about this case, there are still far too many doubts about whether or not the decision to grant parole on medical grounds was justified in terms of the Correctional Services Act. Section 79 of 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 considered for placement under correctional supervision or on parole, by the Commissioner, Correctional supervision and Parole Board or the court, as the case may be, to die a consolatory and dignified death." At the time of his release there was no clear indication of whether or not Mr Shaik was indeed suffering from a terminal illness. Now, almost six months later, he has been spotted driving around Durban, apparently in perfect health.
The Democratic Alliance (DA) has attempted on many occasions to get clarity on this matter. The DA wrote to then President Kgalema Motlanthe and to Minister Balfour requesting that the matter be referred to the Correctional Supervision and Parole Review Board. The DA also submitted two Promotion of Access to Information Act (PAIA) Applications to the Parole Board as well as to the Department of Correctional Services, with no response from either. I also wrote to the New Minister of Correctional Services on 20th May urging her to have this matter referred to the Parole Review Board, a request that she declined.
With each passing day, it becomes more certain that Shaik's release from prison was purely political and had little to do with a terminal illness. As the president's ally, he was ushered out of jail, after barely serving any time in prison, under a false pretext.
In contrast, many terminally ill inmates who are suffering their last days and whose medical paroles have in some cases been recommended by the Parole Board, are not released and die in jail. This points to a parole system that is inequitable and ineffective and must also be reviewed.
Questions for Oral Reply:
Cluster 1 - Peace and Security
Deadline for Submission: 6 August 2009
Oral Question Day: 19 August 2009
Internal Question No: NAOQ/JS/02/082009
Mr James Selfe (DA) to ask the Minister of Correctional Services:
Whether she will refer the release of Schabir Shaik on medical parole to the Correctional Supervision and Parole Review Board, if so, (a) when, and (b) what are the relevant details, and if not, why not?
Question for written reply submitted on 3 July 2009:
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) How many inmates applied to be released on medical parole (a) in 2007, (b) in 2008 and (c) in each month during the period 1 January 2009 up to the latest specified date for which information is available;
(2) how many such applications were refused by the Correctional Supervision and Parole Boards;
(3) how many inmates who applied to be released on medical parole and whose applications were refused had subsequently passed away? NW348E
Statement issued by James Selfe, MP, Democratic Alliance shadow minister of correctional services, August 11 2009
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