Izindaba

Tighter medical parole – no more ‘Shaik, rattle and roll’

or appropriate medical facilities for serious writing Mpumalanga and Limpopo were conditions. The probes uncovered a chorus still unrepresented), but more may be added of ‘cry foul’ complaints by prisoners who as required. A look at the new legislation said politically connected individuals were shows that each facility’s doctor receiving preferential treatment while large may remain involved (an outside doctor numbers of medical parole applications by may also examine), but routes the parole seriously ill inmates were being overlooked. application via the local prison chief. The Dr Marmol Stoltz, the newly selected doctor’s examination and recommendation Western Cape representative on the Medical then go directly to the new medical parole Parole Board and chairperson of SAMA’s board, which will be chaired by Dr Victor General Practitioners Private Practice Ramathesele. Mapisa-Nqakula said the Committee (GPPPC), said she thought the previous tally of 77 successful medical entire system would in future be ‘a lot more parole applications per year was expected to scientific’. ‘In the past the doctor at each at least double. facility decided to board the patient and took it to the (case management) committee Pressure led to new legislation at the local level, who made the decision. Mr Phumlani Ximiya, Acting Director of Now anybody can apply, whether it’s the Media Liaison for Correctional Services patient, relatives or officials. A big part of told Izindaba: ‘We’re not saying this exercise our deliberations will be whether the inmate won’t have gaps, but we believe it’s pretty can be managed better at jail level, in another watertight. There was a lot of brou-ha-ha facility, or at home with links to emergency after a person was granted medical parole care. We’re also going to have to draw up and lived. People were doing a count- Schabir Shaik. guidelines from scratch,’ she revealed. She down and by some miracle or grace the said that during her initial briefings of the person survived – and then they say the The dozen or more GPs who will serve new board members, Correctional Services department’s corruptible because he was on the new medical parole review board Minister, Nosiviwe Mapisa-Nqakula, told allowed free. The only condition for one to can brace themselves for some seriously them that ‘every day she has to answer about get back into prison then was to commit a hard work, courtesy of a widened definition Schabir Shaik’ (the fraud and corruption crime, so if you [were] terminally ill and of qualifying parole conditions, but well- convict and former financial advisor to connected convicts hoping for compliant President Zuma released on medical parole ‘tame’ medics are in for a shock. after serving two and one-third years of his Gone is the disproportionate weight 15-year jail term). given to the initial recommendations of a single medical officer attached to any Correctional Services Minister, particular prison, as is the power of any Nosiviwe Mapisa-Nqakula, told one of the individual 52 general parole them that ‘every day she has to boards to release or transfer an inmate on answer about Schabir Shaik’. medical grounds. Instead, from 1 March this year, all applications for medical parole (now allowed on grounds of incapacitating Members brace themselves for disease and not just terminal illness) must workload go through the new single central Medical Still reeling from the work implications but Parole Review Board. Set up in terms of the hoping the co-option of more GPs made Correctional Matters Amendment Bill, the possible by the legislation would mitigate new body is independent of government this, she admitted, ‘It was all a bit of a shock and may call in as many expert opinions as it when I got the job – I was asked to send my pleases. While the 52 general parole boards CV in but they never told me it was perhaps could in the past call in expert medical so much work’. She explained that because of opinion, the system was open to abuse and the lag between the old and new legislation, selective bias, as was the influence of each many medical parole applications had been prison district’s medical officer. Multiple purposely held back, creating a significant ’ inspections by government and backlog, not to mention the widening of South African Medical Association (SAMA) the qualifying medical conditions from officials over the past few years have also ‘terminal’. Each province must have at shown that very few prisons have sufficient least one GP representative (at the time of Jackie Selebi.

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you [were] suddenly playing golf, you’d have medical parole. Derby-Lewis is suffering to commit a crime or transgress some of from prostate cancer that metastasised and your medical parole conditions. This [new is serving 25 years for the murder of South legislation] was the best way to strengthen African Communist Party secretary-general the system without attracting antagonism Chris Hani in 1993. Selebi is serving 15 from any party or being perceived as being years after being convicted in July 2010 of corruptible.’ accepting money from shadowy millionaire businessman, Glenn Agliotti, himself His brother Yunis said Schabir’s acquitted of murdering mining magnate body was responding less and Brett Kebble. Selebi was treated at the Steve less to hypertensive medication Biko Academic Hospital for diabetes-related kidney problems and underwent laser and that his eyes, kidneys and surgery to his eyes before being discharged areas of the brain were affected, to the Central Prison hospital unit adding that their parents both early this February. Derby-Lewis has twice died at a young age from the been recommended for ordinary parole by condition. the Correctional Supervision and Parole Board, but was turned down by the relevant While he would not admit it, he was minister in 2007 and again in August last alluding to Shaik, sentenced to prison for year. an effective 15 years for corruption and fraud on 8 June 2005. Judge Hilary Squires found there was ‘overwhelming’ evidence The incapacitating diseases listed by of a corrupt relationship between Schabir the new Act are: stage IV AIDS, severe Shaik and Zuma in which Shaik allegedly Clive Derby-Lewis. attempted to solicit a bribe to Zuma from cerebral malaria, methicillin-resistant Thomson CSF, a French company involved in until his parole. There were then several Staphylococcus aureus and MDR/XDR a joint venture with Shaik’s Nkobi Holdings. claims of him violating the terms of his TB (both despite optimal treatment). The joint venture tendered for, among other parole – including staying at KwaZulu- Non-infectious conditions include billion rand local contracts, the upgrading Natal’s ultra-luxury Thanda Private Game malignant cancer with inoperable of Durban International Airport, a national Reserve for three nights in June 2009. The metastases and both radiotherapy identity card, road projects for the N3 and Department of Correctional Services’ and chemotherapy failure, ischaemic N4 highways, a third cellular telephone response was that Shaik’s parole officer had heart disease with more than two network and smart card technology. The given him permission to recuperate at the ischaemic events in one year with fraud involved Shaik altering journal entries lodge. He did however temporarily lose proven cardiac enzyme abnormalities, in the books of his Nkobi Holdings. Squires’ parole privileges as a result of a weekend chronic obstructive airway disease/ findings led directly to the dismissal of newspaper article showing him shopping at dyspnoea, cor pulmonale, cardiac Zuma as Deputy President by then President a Durban shopping centre, carrying bread disease with multiple organ failure, Thabo Mbeki two weeks later. Schabir’s and magazines, and visiting residents of pancytopenia, end-stage renal failure, brother, Chippy, was at the time in charge the luxury security estate, The Essenwoods, liver cirrhosis with evidence of liver of arms acquisition at the Department of outside his home-confinement hours – and failure, space-occupying lesions in the Defence (which allowed Schabir to bid on driving his own BMW X6. Shaik was also brain, severe head injury with altered a lucrative contract to supply Valour-class accused of assaulting a reporter watching level of consciousness, multisystem patrol corvettes to the South African Navy), him play golf during ‘legitimate’ parole time organ failure, chronic inflammatory and their brother, Mo, was head of National granted for leisure activities. demyelinating poliradiculoneuropathy, Intelligence Services. neurological sequelae of infection ... a weekend newspaper disease with a Karnofky score of 30% Shaik’s return from the grave article showing him shopping Shaik was released on medical parole on or less, tetanus, dementia and severe at a Durban shopping centre, disabling rheumatoid arthritis. The Act 3 March 2009 after serving two years and carrying bread and magazines, four months, ostensibly suffering from life- says that any offender with a condition threatening severe hypertension. His brother and visiting residents of the that constitutes a terminal disease or Yunis said Schabir’s body was responding luxury security estate, The an offender who is rendered physically less and less to hypertensive medication and Essenwoods, outside his home- incapacitated as a result of injury, that his eyes, kidneys and areas of the brain confinement hours – and driving disease or illness ‘so as to severely were affected, adding that their parents both his own BMW X6. limit daily activity or inmate self-care’, died at a young age from the condition. should qualify for medical parole. The head of cardiology at Inkosi Albert Mapisa-Nqakula said at the time of writing Luthuli Hospital in Durban, Professor D P that neither Chris Hani murder convict Naidoo, discharged him in December 2008 Clive Derby-Lewis, nor former national because he was considered well enough police commissioner and corruption Chris Bateman to leave but Shaik remained in the ward convict, Jackie Selebi, had applied for [email protected]

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