Medical parolees: either terminally ill or 'physically incapacitated'

It has now been broadened so that medical parole may be granted also if "such offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care". Pretoria lawyer Julian Knight, who has dealt with many parole cases, is convinced that "this was tailor-made for [disgraced former national police commissioner Jackie] Selebi."

The rewrite could also benefit Clive Derby-Lewis, who was jailed for 25 years for Chris Hani's death in 1993, and who was denied ordinary parole last year. Derby-Lewis is reported to have cancer. Another potential beneficiary is President Zuma's former financial adviser Shabir Shaik, who was convicted on fraud and corruption charges, sentenced to 15 years in jail in 2006 and released on medical parole in 2009. Since then public queries have been raised about his apparent return to health -and whether he should be returned to jail. The new parole law no longer includes the expectation that a medical parolee will die, so Shaik's recovery is now legally covered, The Mercury says.

Last month Minister of Correctional Services Nosiviwe Mapisa-Nqakula announced the new medical parole advisory board, which is independent of her department and chaired by two doctors. According to The Mercury she said at the time that "only the very sick will be freed," adding that "even if you have HIV and a low CD4 count or TB, you can still be given medicines to improve your health inside prison, meaning that you stay inside." Yesterday, Correctional Services Ministry spokesman Sonwabo Mbananga said no application for medical parole had been received from, or on behalf of, Selebi or Derby-Lewis.

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