shaik 'not considering pardon application'
11 January 2007

Convicted Durban businessman Schabir Shaik would not be seeking a medical pardon, his brother Yunis Shaik said in a statement on Tuesday.

The statement comes in the wake of a statement by former South African Prisoners Organisation for Human Rights KwaZulu-Natal chairperson Derrick Mdluli that he would meet with Minister of Correctional Services Ngconde Balfour "to discuss pardoning Shaik from his sentence because of his ill health".

In Tuesday's statement, Yunis Shaik said: "We refer to statements issued by Derrick Mdluli, provincial chairperson of Justice for Prisoners and Detainees Organisation.

"While we appreciate the concern expressed by Mr Mdluli and his organisation, we consider his media statements to be inappropriate and the campaign to release Schabir Shaik on the grounds of medical parole to be ill-conceived.

"The only action contemplated by Schabir Shaik is a challenge before the Constitutional Court."

Repeated attempts to contact Mdluli on Monday and Tuesday were unsuccessful.  Mdluli had told the Daily News newspaper that he would be visiting Shaik in hospital on Monday to discuss Shaik's options.  However, Yunis Shaik said he could not confirm whether Mdluli's visit took place.

On Monday Sapohr president Golden Miles Bhudu labeled Mdluli's statements "baseless, absurd, silly, nonsensical and somehow opportunistic".  Sapohr has distanced itself from Mdluli's organisation and questioned the organisation's authenticity.

Bhudu said: "We were all along aware about his very close relationship with Mr Schabir Shaik, long before his conviction and imprisonment."  Shaik was admitted to St Augustine's Renal Transplant Unit on November 24 last year under the alias "Mr Jones".  Shaik has effectively spent only two days behind bars.

Shaik was reported to have suffered a mild stroke shortly after he was admitted to St Augustine's Hospital in Durban. The Sunday Tribune reported last weekend that Shaik had undergone facial surgery.  On Monday Correctional Service spokesperson Luphumzo Kebeni said that no organisation could approach the department for a medical parole.

He said Shaik or his family would have to approach the department directly and "not through a third party".  He also referred to the relevant section of the Correctional Services legislation which says that an inmate can only be considered for medical parole if a person is "in the final phase" of a terminal illness in order that that prisoner may die a "dignified death".

Shaik's lawyers filed papers with the Constitutional Court in December.

www.legalnet.co.za,  SAPA, 9 January 2007