Minister of Correctional Services, Minister Ngconde Balfour, on the event of the release of Mr. Shabir Shaik on Medical Parole by the Durban Westville Management

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. 

Statement issued by the Minister of Correctional Services Ngconde Balfour, March 3 2009

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