Shaik’s plea for ordinary parole ‘not a legal possibility’
IT would be illegal for Justice and Correctional Services Minister Michael Masuthu to convert Schabir Shaik’s medical parole into normal parole.
Constitutional law expert Professor Karthy Govender warned this week that no “legal provision” existed for Shaik’s stringent medical parole conditions to be converted so he can enjoy more relaxed parole conditions, which normal parolees are allowed.
“I don’t think there is anything in the Correctional Services Act which allows medical parole to be converted to an ordinary parole,” he said.
“If the ministry is going to do that then they will open themselves up to a possible challenge on the basis that they did not have the power to do it and that they acted for purposes other than what is contained in the law.”
The application by the con-
STATE OF HEALTH: Schabir Shaik victed fraudster, a friend of President Jacob Zuma and at one time his financial adviser, has thrown the department into confusion.
Justice and Correctional Services spokesman Mthunzi Mhaga said Shaik’s parole appli- cation would not “under any circumstances” be dealt with by the minister.
“The Department of Correctional Services, however, has received correspondence, from the Medical Parole Advisory Board (MPAB), wherein offend- er Shaik has requested for his medical parole to be converted to ordinary parole. The department is attending to this matter, and will respond accordingly to the MPAB.
“We need to state that there is no legal provision for a conversion of medical parole to ordinary parole and this is unprecedented.”
When news of Shaik’s application broke this week, the DA issued a statement saying:
“If his request is granted it will indeed mean that the ANC in government has no regard for holding those close to Zuma accountable by manipulating the criminal justice system to protect members of Zuma Inc.
“Under no circumstances must the correctional services minister consider this request. He must be open with the South African public and immediately deny that he will grant Mr Shaik’s application.
“Not to do so would further speculation and fuel the per- ception that he is looking on this request favourably.”
The opposition party added that if Shaik’s request was granted, it would seriously consider taking the decision on review.
“Schabir Shaik made his bed and he must lie in it.”
Shaik’s quest for a change in his parole has once again brought into question the actual state of his health.
He refused to comment on his application, but joked: “Even when I fart the DA is there to smell it.”
Shaik served 28 months of his 15-year jail sentence for fraud and corruption.
He served most of his sentence at Netcare’s St Augustine’s pri- vate hospital and the Inkosi Albert Luthuli state hospital.
He was granted parole on medical grounds after his doctors told the parole board that he was terminally ill.
Shaik’s doctors also said he was clinically depressed, losing his eyesight, had suffered a stroke, and would die from “severe” high blood pressure.
But since then he has been spotted shopping, dining at fancy restaurants and playing rounds of golf.
The parole board allows him four hours of free time every week — which was reduced from six hours after he was seen shopping outside his allotted time.
Govender added: “So the law makes no provision for a terminally ill person to be put on ordinary parole.
“I don’t think the legislature even contemplated a request like this because they never thought that someone who is terminally ill would apply for normal parole.”
They never thought the terminally ill would apply for ordinary parole