Many questions raised over Selebi release

Selebi was convicted in 2009 of corruption, says a Business Day report. It notes Selebi's release raises questions about the consistency with which the rules are applied following public cynicism over the release of President Jacob Zuma's former financial adviser, Schabir Shaik, on medical grounds several years ago. For attorney Julian Knight, who has worked on several parole cases, the real issue is the difference with which these two men have been treated when compared to the case of Clive Derby-Lewis, who was jailed for arranging the assassination of Communist Party leader Chris Hani in 1993. He now has prostate cancer, and has been unsuccessful in his attempts to be released on medical parole. Knight worries about the independence of parole boards. 'As bad candidates as the Waterkloof Four (a group of young men who attacked and killed a homeless person) were for their sentences to be converted (so they could go home), the fact is they qualified. But that entire parole board was fired,' he said. This then leads to questions about whether the process of medical parole is really free of political interference. The Constitution says that the law must treat all people equally. Derby-Lewis' lawyers may feel that this is not happening in this case. But he is not alone. Recent reports from the Inspecting Judge of Prisons Nathan Erasmus have indicated that more than 1 000 prisoners a year die while in custody. The question is why were they not granted medical parole? Full Business Day report

Political parties are divided over the release of Selebi, according to a report on the News24 site. And a newspaper report today suggests he is not as ill as the authorities would have us believe (see report below). ANC Chief Whip Mathole Motshekga said not releasing terminally ill prisoners would be a serious violation of the Constitution. 'The Correctional Matters Amendment Act... ensures that the rights of offenders who are seriously and terminally ill are protected, and that they can request release on medical grounds,' Motshekga said. 'To not release terminally ill prisoners would not only be a serious violation of the Constitution, but a morally repugnant abuse of human rights.' An 11-member medical parole advisory board met on 20 June and recommended the release of six offenders, including Selebi, who needed dialysis for kidney failure. The DA said that given the public's cynicism around medical parole due to the Shaik 'fiasco', Ndebele had to give assurances that the correct procedure had been followed. The IFP said government kept shocking the nation with its double standards for corrupt ANC members. 'Investigators spent a lot of time and taxpayers' money to investigate and prosecute Selebi,' IFP MP Velaphi Ndlovu said. 'Now, after spending just six months behind bars, Selebi is free. They did it with Schabir Shaik. They have done it again with Jackie Selebi,' he said. Full report on the News24 site

It was a purely medical decision, Correctional Services Commissioner Tom Moyane is quoted as saying in a report on the News24 site. 'His wife applied (on Selebi's behalf) for the medical parole to be considered as such. He has spent 229 days in our facilities and it was our responsibility to do all the due diligence regarding his health,' he said. 'It was confirmed that he is suffering from the diseases that the doctors said he is suffering from. So there was no preferential treatment to Mr Selebi,' he said. Chairperson of the medical parole advisory board Victor Ramathesele said Selebi was receiving 'the best possible treatment' at Steve Biko Academic Hospital in Pretoria. He would remain at the hospital but would not be under the guardianship of the Correctional Services Department. Full report on the News24 site

However, it turns out he is not only out of the hospital, but is not 'gravely' ill. A report in The Times says Selebi took daily walks to 'stretch his legs' while at the Steve Biko Academic Hospital, to which he was admitted in February. He has been receiving treatment for diabetes and kidney failure. The report says the Medical Advisory Parole Board released him after he had served only 229 days of the 15-year sentence handed down in 2010 when he was convicted of corruption. A hospital staff member reportedly told the paper Selebi did look sick but was 'not gravely ill' and that he walked about his ward every morning, 'probably to stretch his legs'. The report says his release has sparked questions about whether, because of his political connections, Selebi received preferential treatment - not only in terms of his parole but also with regard to his treatment at the public hospital - at which 82 patients were on the waiting list for kidney dialysis in March. A day after Ndebele's announcement, Selebi was whisked from the hospital by his family, the report adds. Full report in The Times

Strict conditions are apparently attached to Selebi's release, including unannounced visits and random blood alcohol tests. Correctional Services Deputy Commissioner James Smalberger reportedly told City Press Selebi may be subjected to unannounced visits by prison officials to test his blood alcohol levels. The conditions, which are still being planned and discussed, are also likely to restrict his movements to the Pretoria area, where he lives, and he will also have to avoid committing any crimes. However, taxpayers are expected to foot his health bill, according to a report on the IoL site. It notes Selebi needs daily dialysis treatment, and his medical aid - paid for by the state - could be used to pay for this. Full City Press report Full report on the IoL site

Selebi is 'very ill' and should have been granted medical parole much sooner, his lawyer said. 'We are all very grateful and happy (about his parole),' Wynanda Coetzee said. 'He should have been allowed to go home a while ago. His situation is very serious and he is very ill,' she added. Full report on the News24 site

In her application, Ann Selebi (55) said she was a registered nurse and would care for him at home. A Beeld report quotes from her application to the medical parole board where she pleaded for an end to the hurt and trauma caused for their children and family members. It was psychological and emotional torture to lose a father figure and loved one who had provided them with a decent standard of living, she reportedly told the board. Ann Selebi also complained that medical services in prisons were extremely poor, and there was a high risk of infection. Full Beeld report

The names of the other offenders granted medical parole will be released this week, says as Sunday Tribune report. Of the 12 offenders whose applications had been received, three died while their applications were being processed. Three others were not recommended for medical parole and six were recommended for medical parole. Ndebele said: 'Of the six, two were respectively released on 9 and 12 July, and another offender will be released this week.' Full Sunday Tribune report (subscription needed)