Paroled fraudster Schabir Shaik is in "the final phase of his terminal condition," Minister of Correctional Services Ngconde Balfour said on Tuesday.

Evidence concerning Shaik's health had been given to a parole board by three medical practitioners.

"The three medical practitioners' collective submission shows a unanimous conclusion that Mr Shaik is in "the final phase of his terminal condition," said Balfour in a statement.

He added: "One even went as far as saying that his condition has reached an irreversible condition."

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 Yunus Shaik refused to say whether his brother was terminally ill and described him only as "gravely ill".

"Having studied the contents of the report as submitted to me by the said Parole Board today, I am of the view that the decision they made is correct," said Balfour.

Attorney Clifford Gordon, who represents prisoners on parole and related matters, said that determining Shaik's condition was a matter "more for a doctor to answer than a lawyer".

Attacking the opposition

However, he did say that the Department of Correctional Services in the past had opposed the medical parole of prisoners who were HIV positive.

Their argument was that a prisoner who was HIV positive and in danger of dying could, after they were released on medical parole, receive treatment in the form of Anti-Retroviral drugs. They would then no longer be in danger of dying.

Balfour also lashed out at opposition political parties. The Democratic Alliance, Independent Democrats, and United Democratic Movement had all questioned the reasoning for Shaik's 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 ID leader Patricia de Lille in a statement.

The Azanian People's Organisation, Freedom Front Plus, and Inkatha Freedom Party had also questioned Shaik's parole.

Balfour said: "Parole boards are comprised of members of the community who are appointed from within communities served by the Correctional Centre."

He added that they made difficult decisions. "I also believe they make huge sacrifices to serve in these bodies. I therefore view as malicious, irresponsible and vindictive the expressions made by various political parties on this matter," said Balfour.

Balfour said that Shaik's medical parole was one of 25 that had been granted since April of 2008. He said the crimes that were committed by prisoners were not considered by the boards, only their medical details.

On Tuesday, president of the SA Prisoners Organisation for Human Rights Golden Miles Bhudu said he welcomed Shaik's medical parole.

"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."

Sapa