Judge: Shaik would stay free

2010-01-27 07:28

Pretoria - If the medical parole policy was changed it would have no bearing on prisoners who had been granted parole prior to its enactment, chair of the national council on correctional services, Judge Siraj Desai said in Pretoria on Tuesday.

"These rules do not envisage being retrospective in nature," Desai said in response to media questions relating to how a new policy would impact on convicted fraudster's Schabir Shaik's medical parole.

He said recommendations of the new policy were that medical parole could be revoked if a person recovered from an illness.

"If a person is released on medical parole, in terms of these proposals he can he be reconsidered if he gets better. His parole could be reviewed."

In opening remarks earlier, Correctional Services Minister Nosiviwe Mapisa-Nqakula said research indicated that "well over 60%" of offenders granted parole on medical grounds have gone on to make a full recovery, leading productive lives.

"The law is silent as to whether such persons should finish their sentences in incarceration or at correctional centres," she said.

Recommendations for medical parole

Recommendations for those eligible for consideration included prisoners who were bedridden, terminally ill, had a physical disability that prevented personal hygiene functions, had a cognitive disability which had worsened since imprisonment and a physical disability which had deteriorated and impacted on human dignity.

Mapisa-Nqakula said previously medical practitioners had shied away from declaring someone "in the final phase of any terminal disease or condition" because it was difficult to determine with absolute clarity.

In some instances this was also because they could be held liable if this was not in fact the case.

"A number of bedridden inmates did not qualify for placement on parole under this provision, despite the fact that their human dignity was seriously impaired by their continued incarceration in such circumstances," she said.

Recommendations also included a pregnant offender and any other case where it was considered that further incarceration would reduce a prisoner's life expectancy.

HIV-positive inmates

Parole for patients with HIV/Aids would form part of deliberations.

"Tackling this pandemic with our correctional services facilities has not been easy pickings," she said, adding that the life expectancy of someone living with HIV/Aids was difficult to predict.

Policy recommendations regarding prisoners who were granted medical parole including helping to find them accommodation with access to medical facilities and eligibility for public benefits such as old age pensions.

It was also suggested that there should be written acceptance of responsibility by an appropriate adult to take care of the person.

The document was expected to be completed by the end of the financial year.
 


- SAPA

Read more on:    siraj desai  |  schabir shaik  |  prisons
NEXT ON NEWS24X

Read News24’s Comments Policy

 

Inside News24

 
 

ANCYL: Not voting would be blasphemy

Not voting in the forthcoming elections would be blasphemy, the ANCYL says in a statement commemorating the 50th anniversary of struggle icon Nelson Mandela's Rivonia trial speech.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Thursday Sir Lowry's Pass - 05:35 AM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
  • Thursday Cape Town - 05:35 AM
    Road name: Buitengracht Street
    TRAFFIC LIGHTS not working at Waterkant Street
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Torch 9810

The BlackBerry Torch 9810 gives you the powerful combination of...

From R2820.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

There may be a break through, either through quiet contemplative time to connect to your deep side or forced on you by...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.