A businessman convicted in a corruption scandal involving presidential front-runner Jacob Zuma was granted parole on medical grounds Tuesday. Outraged opposition parties accused the ruling African National Congress of improper influence.
Schabir Shaik, a close friend and former business adviser of Zuma's, was sentenced in 2005 to 15 years for bribery, fraud and corruption. The judge ruled that the businessman made payments of some 1.2 million rands ($120,000) to Zuma and tried to secure payments of 500,000 rands ($50,000 at current exchange rate) a year for the then-deputy president to deflect corruption investigations into a French arms company's deal with the government.
Zuma is accused of complicity in Shaik's attempts to solicit bribes.
Prisons Minister Ngconde Balfour said three doctors gave evidence to the parole board.
"The three medical practitioners' collective submission shows a unanimous conclusion that Mr. Shaik is in 'the final phase of his terminal condition'," said Balfour in a statement.
Patricia de Lille, who heads the small Independent Democrats party, said Shaik's parole was "disgusting" and the result of political interference from Zuma and the ANC.
"What about the thousands of other prisoners that were never fairly assessed by the parole boards, even though some of them were in the final stages of terminal illness?" she said.
The main opposition Democratic Alliance called on prison authorities to release full details of Shaik's medical condition.
The South African Prisoners Organisation for Human Rights said some 2,500 inmates died in prison last year without being paroled.
"It proves that if you are an ANC comrade anything is possible: even a get out of jail free card," said the Inkatha Freedom Party. Source: http://news.findlaw.com/
Submissions to the committee in September last year revealed that Shaik had cost the taxpayer R219 000 for his stay in hospital, but the bill could reach R3-million.
The move was described as a "travesty of justice" by some people whose relatives had died of terminal illnesses while still in jail.
Trust director Derrick Mdluli said the parole board should have been balanced in its decision by also releasing other terminally ill prisoners.
"Westville Prison has about 32 worse-off prisoners who've been sick for years and could die at any time," he said. "Why are they still in prison if it's that easy to get out because of high blood pressure and depression? This will open doors for us to push for their release. Shaik wasn't even in his final stage of illness."
The trust would go to court if it was not taken seriously. "Shaik's the first person in this country to have spent his whole sentence outside prison. Other prisoners who've been sick for years will jump at this."
The South African Prisoners' Organisation for Human Rights president, Golden Miles Bhudu, said "There are about 2 500 inmates who died last year either because prison officials were negligent or did not make recommendations (for release)."
One of the more well-known cases regarding medical parole was that of Simon Mazibuko. Mazibuko applied for medical parole on the basis that he had Aids-related cancer and was dying.
He was refused parole. His lawyer Julian Knight successfully sued Correctional Services Minister Ngconde Balfour in 2007.
"The salient difference was that Simon Mazibuko was in a far worse condition as he had terminal cancer. Whereas Schabir Shaik only has high blood pressure," said Knight.
Knight was currently defending another client who had applied for medical parole. Jacob Kgatlane was currently imprisoned in C-Max in Pretoria. He had lymphatic cancer and was expected to die within a year.
However, Knight said he was refused parole when the prison doctor disagreed with a private medical doctor on Kgatlane's condition.
"I have no problem with giving Shaik medical parole, but let's be consistent," said Knight.
"There are those with Aids who would surely qualify."
Knight estimated that only between 10 and 20 prisoners received medical parole a year.
See also: Shaik is free - and R5m richer
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