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10 Dec 2009 15:29
Fraud convict Schabir Shaik, now out on medical parole, has denied violating his parole conditions by playing golf in Durban as reported in the Natal Mercury in October.
In a written reply to a parliamentary question by the Democratic Alliance, Correctional Services Minister Nosiviwe Mapisa-Nqakula said Shaik was authorised to attend physiotherapy from 10.30am to 12.30pm on a Wednesday.
No formal request was made by Shaik to participate in any kind of sport, she said.
Shaik had reported on October 22 at 10.22am to community corrections for his compulsory office consultation.
The newspaper article about him allegedly being spotted playing golf at a club in Durban was brought to his attention and an explanation was requested from him.
“Mr Shaik submitted a statement in this regard wherein he refuted the allegation,” Mapisa-Nqakula said.
The department had not received any formal complaints alleging a violation by Shaik of his parole conditions.
Departmental procedure required a written submission from a complainant for the matter to be further investigated and if it was evident that the offender violated, steps could be taken in terms of social reintegration policy bearing in mind the severity of the offence.
These included a verbal warning, written warning, final written warning, or warrant of arrest.
Section 70 of the Correctional Services Act set out the procedures to follow in instances where there had been non-compliance by a parolee with his or her parole conditions.
In terms of the act, the national commissioner should investigate any alleged non-compliance and based on the nature and seriousness of the non-compliance, a parolee could be reprimanded or instructed to appear before the parole board which imposed the community corrections or a warrant could be issued for their arrest.
The parolee would then be brought before a court which would decide whether he or she should remain in detention or whether to refer them to the parole board to amend the conditions of parole.
The power to investigate non-compliance with parole conditions had been delegated to the branch dealing with community corrections within a specific region.
Mapisa-Nqakula said she had no evidence that the doctors erred in their recommendation to grant Shaik medical parole, nor that the Correctional Supervision and Parole Board erred in its decision.
Should such evidence be provided, the minister, national commissioner or inspecting judge could refer it to the Parole Review Board, she said.—Sapa
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