/ 20 April 2009

Shaik doctors will know their fate soon

The three doctors whose submissions helped fraud convict Schabir Shaik secure medical parole will know on Monday if there will be a formal probe into their conduct.

The Health Professions Council of South Africa (HPCSA) is expected to announce its decision in Pretoria at 11am.

Shaik, the former financial adviser of African National Congress (ANC) leader Jacob Zuma, was released on medical parole on March 3. The Durban-Westville parole board had met the doctors before deciding to grant him medical parole. They claimed he was terminally ill.

Shaik received a 15-year prison term when he was convicted of fraud and corruption in 2005. He only served two-and-a-half years in prison, with most of that time in hospital.

Opposition parties called for the Department of Correctional Services to disclose the grounds on which he qualified for medical parole.

The South African Medical Association (Sama) said last month it supports the probe into the conduct of the doctors.

”Sama wishes the [HPCSA] well in their investigation and looks forward to an objective report that not only reflects the facts around the Schabir Shaik issue, but opens the door for humane and equal treatment for all terminally ill prisoners requiring medical parole,” said spokesperson Adele Hansen in a statement.

Correctional Services Minister Ngconde Balfour said that Shaik qualified for medical parole as his doctors had concluded he was ”in the final phase of his terminal condition”.

”The three medical practitioners’ collective submission shows a unanimous conclusion that Mr Shaik is in ‘the final phase of his terminal condition’,” said Balfour in a statement last month.

He added: ”One even went as far as saying that his condition has reached an irreversible condition.”

Many commentators, including the head of the South African Human Rights Commission Jody Kollapen, have said that Shaik’s parole should be examined as he qualified for it while many terminally ill prisoners did not seem to receive the same consideration.

”The way the [law] is applied seems to be inconsistent … people having to go to court to get released on medical parole or some just dying in prison, this needs to be addressed,” Kollapen said.

”A review, we feel will provide some clarity and also lay down guidelines in how medical parole is applied in practice.”

HPCSA spokesperson Bertha Peters-Scheepers said the investigation would look only into the conduct of Shaik’s doctors.

”We are not investigating him [Shaik] obviously, we are merely investigating the healthcare professionals, and even they aren’t guilty. We would just like to know whether the conclusions drawn were done without outside interference,” said Peters-Scheepers.

Peters-Scheepers said that due to the public interest, the findings of the report on the doctors’ conduct would be made public, but not the medical details.

The HPCSA investigation followed the formal filing of a complaint by the Democratic Alliance spokesperson for correctional services, James Selfe.

Selfe asked the HPCSA to determine whether the doctors who had recommended Shaik’s parole acted correctly. — Sapa