An expert on parole rules said that Schabir Shaik's release on medical grounds was "a strange thing".

Attorney Clifford Gordon, who represents prisoners on parole and related matters, said Shaik's doctors had appealed to the parole board on "humanitarian grounds".

"Which is quite a strange thing," said Gordon.

"This is the first case I've heard of where someone was [granted parole] who wasn't at death's door."

The Correctional Services Act of 1998 states that "any person serving any sentence in a prison and who, based on the written evidence of the medical practitioner treating that person, is diagnosed as being in the final phase of any terminal disease or condition" may be put on parole so that they may "die a consolatory and dignified death".

On Tuesday, Shaik's brother Yunis Shaik refused to say whether his brother was terminally ill and described him only as "gravely ill".

Chairperson of the portfolio committee on correctional services Dennis Bloem said a person could only receive medical parole if they had a terminal disease or condition.

"The Act is saying exactly that," said Bloem.

When asked whether the parole board then acted correctly in giving Shaik medical parole, Bloem replied: "I assume that they have followed [the Act]."

Mazibuko refused parole

One of the more well-known cases regarding medical parole was that of Simon Mazibuko. Mazibuko applied for medical parole on the basis that he had Aids-related cancer and was dying.

He was refused parole. His lawyer Julian Knight successfully sued Correctional Services Minister Ngconde Balfour in 2007.

"The salient difference was that Simon Mazibuko was in a far worse condition as he had terminal cancer. Whereas Schabir Shaik only has high blood pressure," said Knight.

"I just think he's extremely lucky given his [condition]... many other people aren't given the opportunity."

Knight was currently defending another client who had applied for medical parole. Jacob Kgatlane was currently imprisoned in C-Max in Pretoria. He had lymphatic cancer and was expected to die within a year.

However, Knight said he was refused parole when the prison doctor disagreed with a private medical doctor on Kgatlane's condition.

"I have no problem with giving Shaik medical parole, but let's be consistent," said Knight. "There are those with Aids who would surely qualify."

Shaik spent time in hospital

Knight estimated that only between 10 and 20 prisoners received medical parole a year.

Shaik had spent much of his jail sentence in hospitals. It was not known whether the prison doctor made representations during Shaik's parole hearing.

Gordon said each parole board had discretion in deciding the basis of medical parole. Shaik's medical parole on the basis of his poor health rather than terminal illness "does indicate a policy shift at the parole board", he said.

The president of the SA Prisoners Organisation for Human Rights, Golden Miles Bhudu said he hoped Shaik's release would encourage correctional services to provide medical parole to other prisoners.

"There are about 2500 inmates who have died last year because either prison officials were negligent or did not make recommendations. We hope they will also consider the other [sick] inmates."

Opposition parties also weighed in on the matter of Shaik's medical parole.

"The purpose of medical parole is to release terminally ill offenders so that they can die a 'dignified and consolatory' death in the presence of their family and friends," said DA correctional services spokesperson James Selfe in a statement.

Selfe and Independent Democrats leader Patricia de Lille said many prisoners were suffering from terminal illnesses and were not given medical parole.

"What about the thousands of other prisoners that were never fairly assessed by the parole boards, even though some of them were in the final stages of terminal illness? Shaik has been given preferential treatment throughout his sentence and his early release is the final proof of that," said De Lille in a statement.

A simple case of double standards?

It was "completely disgusting" that there was such scant regard for procedures and the law when a criminal had connections to high profile politicians, she added.

Shaik was ANC president Jacob Zuma's financial advisor.

Selfe also called for the correctional services department to disclose the grounds on which Shaik qualified for medical parole.

"This will do much to dispel the notion that double standards are being applied."

Azanian People's Organisation Eastern Cape spokesperson Funani ka Ntontela said: "Many prisoners who suffer from Aids are still to be incarcerated until their last gasps of air, while Schabir Shaik can be released early to recuperate at home.

"This suggests that there are policies that are applied to ordinary citizens in the country and policies for the individuals connected to the ruling party in one way or the other."

Sapa