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Legalbrief   |   your legal news hub Sunday 14 December 2025

Shaik didn't meet parole requirements - records

The issue of Schabir Shaik's suitability for parole is back in the news with revelations in the Mail & Guardian that medical records indicate that President Jacob Zuma's friend and former financial adviser never met the formal requirements for medical parole.

The Mail & Guardian report says a combination of pressure from his private physicians and an erroneous claim from a Correctional Services doctor that his condition was 'terminal' tipped the balance in his favour. The report says key to his successful application was an astonishing report compiled by Dr Ngenisile Mbanjwa, who summarised her understanding of Shaik's medical condition for the parole board. She wrote: 'Based on all the medical reports from my colleagues/independent medical practitioners concerning the inmate-patient's medical condition, the prognostic features and concurrently with end (final) stage multiple organ failure (terminal illness) due to uncontrolled or refactory hypertension despite multiple medications, including psychiatric medications.' However, it seems Mbanjwa never examined Shaik herself. The report points out she based her assessment on medical reports, mainly from Shaik's private doctors, which nowhere claimed that Shaik was suffering multiple organ failure or had entered the final stages of a terminal illness. Full Mail & Guardian report

The DA has again urged a review of the parole decision. 'As we have said all along, if there is nothing to hide, then the Minister stands to lose nothing, and stands to gain everything, by sending Shaik's parole to the review board,' spokesperson James Selfe is quoted as saying in a report in The Citizen. 'If she (the Minister) is convinced that there was no wrongdoing or political interference, she can demonstrate that by sending the matter on review. Should she not do so now, that will say everything we need to know about the circumstances surrounding the granting of medical parole to Shaik.' The party said it was 'not implausible' that Shaik was granted a political favour and that it was part of 'one massive cover up for Zuma', referring to President Jacob Zuma for whom Shaik allegedly facilitated a bribe from a French arms company. Shaik's pardon application is among the more than 300 awaiting a decision by Zuma. Full report in The Citizen

However, the Ministry of Correctional Services refuses to comment, Die Burger reports. Spokesperson Sonwabo Mbananga said they have communicated enough about the issue. 'We have other work to do. The department has now finished communicating about that.' Full report in Die Burger

Nevertheless, murmurings of unhappiness won't die down, according to Rapport. It says several influential people are feeling uneasy about the credibility of the Presidency. It mentions for example, former ANC MP Andrew Feinstein, who helped to expose the arms deal scandal, and quotes him as saying a pardon for Shaik would be 'the most abominable abuse of our democracy'. A pardon would be 'a further indication that leaders are consolidating their power to protect friends'. Feinstein also had harsh words for a possible release of De Kock, adding that the Presidency 'was 'not thinking this through properly'. Full report in Rapport

The issue of presidential pardons for Shaik and apartheid killer Eugene de Kock also has the media's attention. An editorial in the Sunday Times, noting there has been scarcely a murmur from either the ANC or its alliance partners on speculation that De Kock and Shaik are to be pardoned by Zuma, argues the process is essentially undemocratic as it gives sole prerogative to the President. It points out that one of the greatest dangers of this prerogative power is that the process can be abused for political expediency. There is strong reason to believe that Zuma's contemplation of pardons for De Kock and Chris Hani's murderer, Clive Derby-Lewis, is a clearly calculated move to mitigate against the expected outcry that will follow Shaik's pardon. 'Hence the silence of the SACP and the ANC.' It says there is a need for this process to be open and transparent. 'The President should allow himself to be assisted by an open judicial process in which the voices of the victims and their families as well as society's opinions can be heard.' Full Sunday Times editorial

And Rapport points out if Department of Justice guidelines are followed, it should be almost impossible to grant Shaik a pardon. This, it says, is due to the short period of his sentence he has served. The report says the Minister of Justice, who has some input in the President's decision, is bound to consider, among other things, whether the applicant was a minor at the time of the crime, whether a reasonable period has passed since his conviction, the nature and gravity of the offence, the personal circumstances of the applicant and the interests of the state and society. If the applicant was not a minor, the Minister must consider two other aspects: Whether the sentence included direct imprisonment and whether the specific case was different from similar cases for which other South Africans are serving prison time. Full report in Rapport

A Zapiro cartoon on the matter has raised the ire of the National Union of Metalworkers (Numsa), who blasted it as 'distasteful' and 'deplorable'. According to a City Press report, the cartoon published in the Mail & Guardian, depicts President Jacob Zuma undoing his pants as Eugene de Kock and Schabir Shaik hold down lady justice. The infamous shower head is above the President's head and a speech bubble has Zuma saying: 'Begging your pardon.' Numsa said the caricature 'implants in the minds of the public' that Zuma is a rapist despite being cleared of rape charges by a court of law. 'This venomous and personal hatred of President Zuma camouflaged as an artistic skill by Zapiro is a sign of disrespect not only to President Zuma, but to the office and the position he occupies in society...,' the union said. 'Whilst we respect and uphold the Constitution and freedom of expression, it does not give cartoonists licence to undermine the fundamental rights to dignity as guaranteed in the Constitution.' Numsa demanded that the newspaper and Zapiro apologise to Zuma and that the SA Human Rights Commission take action against the cartoonist. Full City Press report