of the release of Mr Shabir Shaik on medical parole by the Durban Westville
Management
4 March 2009
I, as Minister of Correctional Services, having studied the report of the
Correctional Supervision and Parole Board of Durban Westville Management Area
on their decision to place Shabir Shaik and other inmates on medical parole, I
deemed it critical to announce my decision.
In terms of Section 75 (8) of Correctional Services Act, Act 111 of 1998, I
have a right to subject for review any decision of anyone of the 52
Correctional Supervision and Parole Boards to the Parole Review Board. Having
studied the contents of the report as submitted to me by the said Parole Board
today, I am of the view that the decision they made is correct.
Any consideration to consider a matter for review would only render the
system of correctional services inhumane and contrary to the requirements of
the Constitution. In arriving at that decision the said Parole Board, not only
received an emphatic view of a medical practitioner about Mr Shaik's
eligibility for medical parole, but considered two more views concurring with
the first recommendation of a doctor.
The three medical practitioners' collective submission shows a unanimous
conclusion that Mr Shaik is in "the final phase of his terminal condition" as
required in Section 79 of Correctional Services Act and the relevant
departmental procedures. One even went as far as saying that his condition has
reached an irreversible condition.
As members of the public would know, parole boards are comprised of members
of the community who are appointed from within communities served by the
correctional centre. It is my view that the decisions they make on a daily
basis are not easy. I also believe they make huge sacrifices to serve in these
bodies. I therefore view as malicious, irresponsible and vindictive the
expressions made by various political parties on this matter. The law that the
Parole Boards have to interpret and apply was promulgated by the South African
Parliament with all these political parties given an opportunity to express
their views. These parties are the United Democratic Movement (UDM), Democratic
Alliance (DA) and Independent Democratic (ID).
I further want to announce that in the course of this financial year from
April 2008 to date the Parole Board has released 25 inmates inclusive of Mr
Shabir Shaik who are serving various sentences for murder, robbery and rape on
medical parole. In every instance medical practitioners made similar
recommendations and the Parole Board acted accordingly. Each one of these cases
was looked at individually and on its own merits. Political affiliation of
individual inmates bears no consequence on the decisions of the Parole
Boards.
At no stage was this level of interest expressed in spite of the nature of a
crime committed. For the record, Parole Boards do not consider crime categories
of inmates when making decisions for medical parole. The overriding
consideration is the Constitutional requirement for human detention and
dignified death.
For enquiries contact:
Manelisi Wolela
Cell: 083 626 0304
Issued by: Department of Correctional Services
4 March 2009
