Social Justice Coalition
3rd Floor, Room 5
Mercantile Building
63 Hout Street
Cape Town, 8001
Att: Mr. Jody Kollapen - Chairperson, South African Human Rights Commission
Delivered by Hand to the Cape Town Offices of the SAHRC
c/o: Ms. Judith Cohen
23 March 2009
Dear Mr Kollapen,
Proposed Joint High Court Application Against The Minister Of Correctional Services Regarding The Medical Parole Of Schabir Shaik
1. The Social Justice Coalition (SJC) is a voluntary association established on 16 June 2008 to promote the values enshrined in our Constitution and to stand against the abuse of State power.
We have done substantial community level work to highlight the lack of safety and security in some of South Africa's most disenfranchised communities, while concurrently calling for an enquiry into alleged Arms Deal corruption.
2. We have maintained that there is one law for all people living in South Africa, and that failure to prosecute a crime committed within the upper levels of power will result in ordinary people losing faith in the criminal justice system.
3. On 10 March 2009 the SJC submitted a formal letter to the Minister of Correctional Services, which was copied to the National Commissioner of Prisons and the South African Human Rights Commission (Addendum A). The letter was accompanied by an SJC statement, made available to the public (Addendum B).
4. This formal letter requested that:
4.1. The Minister of Correctional Services and/or the Commissioner of Prisons institute a High Court review of the grounds on which Shaik was released.
4.2. An independent panel of medical experts be nominated by the South African Human Rights Commission and the Judicial Inspectorate of Prisons to examine Shaik and submit reports to the court.
4.3. The terms of reference must include the investigation into any possible political interference in a procedure designed for the compassionate release of dying people.
4.4. A written response within seven days, should the request for a review be turned down.
Request To Join Legal Action To Take Schabir Shaik Matter On Review
5. Thirteen days have now passed, and we have yet to receive a response from the Minister's office. As a result, we have been forced to approach the SAHRC to request that it join us in the High Court as a co-applicant. In this application, we will ask the Minister and the parole board to provide reasons for not appointing an independent medical panel to investigate Shaik's health, and to review the medical parole process.
6. The SJC acts on its own behalf, in the interest of both its members and the public, to ensure open, accountable and responsive governance.
7. We also act on behalf of those detained who are terminally ill, and others who are affected by the Ministry of Correctional Services' failure to provide adequate health services., This neglect has resulted in chronic conditions such as HIV becoming terminal AIDS and curable illnesses such as TB becoming a death sentence.
8. We will argue that such accountability is requisite under Section four of the Promotion of Administrative Justice Act (2000), and section 195 of the Constitution.
9. The Minister, the Parole Board and the Department of Correctional Services have also violated section 9(1) of the Constitution, which holds that everyone is equal before the law.
Mr Shaik Is No Ordinary Criminal - Corruption and The Tolerance Thereof Destroys Society
10. While we respect the right of all patients to confidentiality and to medical parole, we must consider the fact that Schabir Shaik is no ordinary criminal. The reasoning as to why an investigation into Shaik's parole is necessary is described in detail in Addendum B. His role in promoting and facilitating corrupt activities in the Arms Deal tender process has become one of the most infamous acts of its kind in post Apartheid South Africa.
11. His complete lack of remorse; his sustained propensity to lie in an attempt to exonerate himself; his continued tendency to utilise his unique position of power, and that of his high-ranking friends and colleagues, to evade the law; the links he has to the highest levels of government whose implication in the Arms Deal corruption is linked to his own - all demonstrate a willingness to bend the law to his will for personal gain.
12. Shaik's crime is not ordinary. The Arms Deal and its associated corruption have cost the people of South Africa billions of rands. In a developing country where inequality, hunger, homelessness, unemployment, inferior education and ill-health require resources from the state - the loss of such resources to unnecessary, wasteful expenditure driven by corruption will cost lives.
13. If Mr Shaik is terminally ill, then any rational person would agree that he must be considered for medical parole. However, recent questionable reports by hospital and prison personnel, which suggest that Shaik is not terminally ill and was provided preferential treatment suggest more than enough reasons to assemble an investigative panel to examine the legitimacy of his parole and provide full disclosure of the outcome.
14. Such a panel will need the confidence of the public in order to apply the law to assess whether Shaik's release was qualified by Section 79 of the Correctional Services Act, which provides for those in the "terminal phases of a critical illness...to die a dignified and consolatory death". The SJC feels the participation of the SAHRC is crucial in ensuring that this sensitive investigation maintains the public confidence.
15. The SJC requests a meeting with the SAHRC at the soonest possible opportunity, so that we can work together in ensuring the realisation of Section 195 of the Constitution, which guarantees all people in South Africa a transparent and impartial public administration.
Sincerely,
Angy Peter & Gavin Silber
Coordinating Committee
Social Justice Coalition
Issued by the Social Justice Coalition, March 23 2009
Click here to sign up to receive our free daily headline email newsletter
