News24

Shaik parole loophole won't help Selebi

2011-12-06 07:23

Pretoria - Jackie Selebi's chances of being released on medical parole are “almost zero” because of new legislation that became effective in September this year, DA spokesperson on correctional services James Selfe said on Monday.

If a “critically ill” Selebi applies for medical parole on the grounds of his unknown illness, he will be subjected to the Correctional Matters Amendment Act, which was passed this year to place medical parole releases beyond reproach.

The amendment act was introduced after the parole board’s credibility suffered a serious blow following the controversial release of fraudster and former financial adviser to President Jacob Zuma, Schabir Shaik.

Shaik was released from prison after his medical practitioner claimed that he was gravely ill.

Motivation


“Previously a doctor - any doctor - could write a report to the parole board and a prisoner could be released; now it no longer works like that,” said Selfe.

The amendment requires a medical practitioner to motivate very thoroughly why a prisoner should be considered for medical parole. That report is then submitted to an independent panel of medical practitioners for approval, after which the parole board takes a decision.

“According to the amendment act, the parole board has to give thorough consideration to a list of specific matters before a decision can be made.

“Only then can a prisoner be released,” said Selfe.

The remarks of the magistrate or judge at the time of sentencing, the nature of the offence, and the prisoner’s criminal record are among the things to be considered.

“Even should the medical panel be sympathetic towards Selebi, which I strongly doubt, they will have to take the judge’s remarks during sentencing into consideration, and that would definitely not count in Selebi’s favour.

“The chances of his being granted medical parole are almost zero.”

Selfe said Selebi could possibly be released on medical parole if he can prove that he needs kidney dialysis, since the state does not provide this treatment for patients older than 50.
 

Comments
  • Marius Koen - 2011-12-06 07:28

    When is Shaik going back? He is not dead so he must be fine to go to prison..

      Piet - 2011-12-06 07:41

      Yup!

      dawiej - 2011-12-06 07:42

      Only when zuma is out of office

      Anthony - 2011-12-06 07:42

      you so right, I would like to know aswell.

      madsipho - 2011-12-06 08:39

      I would also love to see Zuma in jail as well with Schaik next to him..

      Thabiso - 2011-12-06 08:45

      Dawiej, provided he is not fully pardoned by then.

      Travis - 2011-12-06 10:16

      One of the more blatent reasons ANC is not to be trusted

      Ryan - 2011-12-06 10:34

      nevermind Shaik, send his doctor to prison too

      Ryan - 2011-12-06 10:38

      its amazing how much better they feel on the golf course

  • Larry - 2011-12-06 07:34

    Thats very nice, but when is Sheik going to go back to Jail, for breaking his parole conditions?

  • Herman - 2011-12-06 07:40

    Then skebenga shaik must be sent back to prison to do his time.

      trevor.charles3 - 2011-12-06 09:50

      OH NO THESE GUYS ARE SO INNOCENT

  • Marius - 2011-12-06 07:41

    "Chances is ALMOST zero" but not zero

  • ivan.coetzee2 - 2011-12-06 07:44

    "Selfe said Selebi could possibly be released on medical parole if he can prove that he needs kidney dialysis, since the state does not provide this treatment for patients older than 50." And there you have it folks, Selebi's "get out of jail free card" Ta-daaa!!!!

      Had - 2011-12-06 07:58

      Yip, I would put millions on it that you have hit the nail on the head.

      Angus - 2011-12-06 08:18

      Yip, Selebi just needs a corrupt doctor/s to declare he needs dialysis and voila!

      ivan.coetzee2 - 2011-12-06 10:20

      @Angus: this is the ANC we dealing with, they got corrupt anything and everything at their disposal, past masters at it. Just need to look at their schools in the EC, seems its tought at school level by corrupt teachers and principals, not to mention the administration

      John - 2011-12-06 11:10

      As I said in my comments on "Prison authorities must decide on Selebi, NPA says" All they need is some crooked "SANGOMA" and there you have his loophole. As soon as I read about this "long standing illness" bullsh$%^t, I knew they were going to play this card.

  • Missionman - 2011-12-06 07:48

    I would think that if parole is granted or was granted as in the Schaik case there should be conditions attached. These should cover a total recovery. I therefore think Schaik should return to serve out his sentance. The new law should have been put in place retrospectively or is this just another favour granted....

  • Phumezo - 2011-12-06 08:10

    Selebi has done his term in prison during the apartheid era in Robbin Island grinding limestones day in day out for almost half of his life! Why is the law not taking that into consideration! Then again we are not suprised by this constitution that only seeks to serve and promote the interests of those with the haves!

      Annette - 2011-12-06 08:19

      WHY DID HE GO TO PRISON IN THE FIRST PLACE AND WHY IS HE BACK IN THERE NOW!!!!!!!!!!!!!!!!!!!!

      Koos - 2011-12-06 08:23

      mmm Phumezo...... but because this is a new crime..... geeze 1+1 =????

      wolff.wolff.wolff - 2011-12-06 08:40

      The comments don't stack up - the ANC was instrumental in drafting the constitution and Selebi's corruption would've affected more negatively the "have-nots". Selebi must do his time, even if it's in the prison infirmary.

      john.jurgens1 - 2011-12-06 09:03

      Selebi got his job as Commissioner of Police as a reward for the time he spent on Robben Island but he chose to throw it all away. Can't do the time? Don't do the crime!

      Marion - 2011-12-06 09:20

      @Phumezo... just because someone was a freedom fighter in the past doesn't mean they have the right to steal now. He hasn't been to the Constitutional Court yet so why are you raising the constitution? The law is the law. For now at least...

      Ryan - 2011-12-06 09:37

      Phumezo, I'm going to go out on limb here: no one has ever accused you of being intelligent have they? You never received any prizes for logic either did you?

      madsipho - 2011-12-06 09:47

      Phumezo, do you know a difference between PAST and PRESENT?

      Dawn - 2011-12-06 10:28

      Please please do S.A. a favour and get lost, preferably in some desert where you will never find your way out. With people like you in this country we are doomed.

      Kevin - 2011-12-06 11:24

      That was for other crimes, This is a new crime and he learnt nothing from that limestone. Back he must go for a quick 15 years.

  • Koos - 2011-12-06 08:21

    apparently he moved from vodacom to cell c now.......

      Mannie777 - 2011-12-06 08:40

      lol

      Vuyo - 2011-12-06 09:36

      You're on your sharp side this morning Koos :D

  • Napolita - 2011-12-06 08:30

    Whoa..! "...chances of being released on medical parole are “almost zero” because of new legislation that became effective in September this year..." Does this means Clive Derby-Lewis is in for life?!?

      Marion - 2011-12-06 09:24

      @Phumezo... I am happy to see that you don't have any biased opinions... what's good for the goose is good for the gander. This man was president of Interpol for four years and you think he should get special treatment? I wonder what confidential information he was privy to in that position that he leaked. Regarding Clive Derby Lewis you already know the truth. He was instrumental in having Chris Hani assassinated and has been sitting in jail, where he belongs, ever since. What more truth do you want than that? But if Shabir Shaik could get medical parole, and if Selebi gets medical parole because he needs dialysis then Clive Derby Lewis should get medical parole too if it is proven that he is terminal.

  • madsipho - 2011-12-06 08:37

    There is only one thing I do not understand with our Judicial System, letting the Drug Dealer (Glenn Agliotti) selling more drugs to South African and taking down only Jackie Selebi...What a Kangaroo Court we have!

      Koos - 2011-12-06 08:52

      Jip.... that is what you get when the people vote for the cANCer!

      Marion - 2011-12-06 09:26

      I agree that Glen Aggliotti should be right there with him. Isn't Glen still due to be tried for something else though? Maybe they'll be able to zap him then.

      madsipho - 2011-12-06 09:51

      @Marion, I doubt that Kangaroo Court will try Glenn. Remember he is pumping Millions to ANC and I don't see Zuma's zero tolerance to crime working...

      Archie - 2011-12-06 10:33

      Selebi opened the door to the worlds drug dealers and contract killers(mostly european/asian/south american and nigerians). How many of our children have been tainted by drugs.how many people were murdered by druggies killing and stealing to get a fix.Yes ourlegal system sucks but only because it is corrupted by politicians EXample of people on drugs Jubjub et al look what sh-t anguish they caused and still deny deny deny. Selebi you are a fallen and corrupted icon.do your time.

      Dawn - 2011-12-06 10:40

      never mind the drug dealer getting off scot free, what about the sleaze ball who shot Kebble. Where,s the justice and democracy that our brothers love to shout about.

  • John - 2011-12-06 08:41

    In talking of Selebi,the tardiness in stopping him, and his dreadful illness, let's not forget the people who Selebi handed potential death sentences to via his criminal activities.

  • Terry - 2011-12-06 08:50

    And somehow you think that these guys play by the rules. They will fill the medical panel with ANC cadres, they will outright lie, or ultimately, the president will give him a pardon - but whatever, he will not serve 15 years in jail.

  • ludlowdj - 2011-12-06 09:32

    smoke and mirrors, the law has always been the same, no prisoner can be granted medical parole unless he is terminally ill and on his deathbed, the parole is intended to allow terminal patients who are to sick to pose a threat the opportunity to die at home with dignity. Shabir Shaiks parole was a travesty of justice allowed to stop possible come backs on Zuma and co. The fact that statements like the one in this article have been made simply compounds the governments complicity in evading and circumventing the law in the interests of the chosen few.

  • Deon - 2011-12-06 09:38

    The prison will do theire own tests, it is impossible to fake renal (kidney) failure but Selebi had strange friends.

  • jurgen.eksteen - 2011-12-06 10:00

    SEND HIM TO PRISON!!! If he dies there, then so be it. Lots of people die in prison all the time. What makes him so special? Derby-Lewis must feel really befak now seeing that he actually IS terminally ill and being told he will die in prison.

      Marion - 2011-12-06 11:47

      HIV/AIDS is a potential death sentence without ARV's and HIV positive prisoners are kept in prison till they die to my knowledge.

  • Andre - 2011-12-06 10:08

    What has happened to this p....hole's assult case against a journalist? Did the journalist gave up?

  • Sandy - 2011-12-06 11:14

    shame selbi you cant even bribe your doctor, father christmas wont be visisting you in the cell either................

      Marion - 2011-12-06 11:49

      Probably his wife will though... think he is going to get special visitation privileges due to his 'status'. At least that was the impression I got during a news broadcast this morning.

  • TawwaTienie - 2011-12-06 11:15

    Nice to playing sick, so do Shaik as well. They are all puppies of the creation of corruption. They are all gholf partners, A to Z Now that his illness has been identified, his medical fund must pay, and not tax payer's money!!

  • Kevin - 2011-12-06 11:20

    The prison services owe the public a jailed Shaik . he is fine , assaulting people and NOT dying. The medical board needs to investigate the doctors who wrote the medical reports and if necessary charge them with fraud and bar them from practising as they will make more bad judgements on peoples health.

  • comrade.zondi - 2011-12-06 11:40

    Eish How sad. selebi the convicted criminal was looking forward to playing golf and smoking cigars with his big pal, the convicted criminal shaik. How sad it will not happen. Anyrate, shaik is terminally ill so will die soon. Perhaps he will give his golf clubs to his patron Zuma before he goes to jail for fraud and corruption. Comrade Zondi

  • Yvonne - 2011-12-06 13:40

    This is how it is. It's who you know and what you can pay him. He won't go to prison as so many other of the corrupt people in government. They are all looking after each other. Comrades to the end. But let me try taht trick and see what happens!!!! As far as Shaik is concerned....

  • Yvonne - 2011-12-06 13:46

    The former national police commissioner collapsed on Friday when the appeal was dismissed and he was taken to hospital. The medical report indicated it was as a result of a long standing condition. MY WORD - AMAZING HOW A LONG STADING CONDITION POPS UP WHEN YOUR APPEAL FAILS AND YOU HAVE TO GO TO PRISON. hahahahahahahah WHAT A JOKE

  • Solomon - 2011-12-06 14:29

    crimals like selebi their friends is prison finish n klaar

  • Bright - 2011-12-06 15:41

    Welcome to South-Zimbabwe

  • neil.vdbijl - 2011-12-12 14:24

    Shaik and Selebi can share a hospital bed in Pretoria Prison?!

  • chris.piro2 - 2012-01-22 21:57

    i 100% support the vote says Shaik belong inside the prison not outside

  • pages:
  • 1