An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
It has now been 142 days since Schabir Shaik was released from prison on medical parole in order to die a dignified death in terms of the appropriate legislation. Shaik, however, is still very much alive. Newspapers even published a claim that Shaik was spotted in a fancy Durban Restaurant at the end of last month. Is this a medical miracle in the making?
Just a reminder that section 79 of the Act 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 considered for placement under correctional supervision or on parole, by the Commissioner, Correctional Supervision and Parole Board or the court, as the case may be, to die a consolatory and digniﬁed death.
The fact that Shaik is still alive almost five months after being released on medical parole, means that either his doctors made a terrible mistake when they diagnosed him as being in the final stages of a terminal illness, or they never really diagnosed him as being in the final stages of a terminal illness but the parole board nevertheless unlawfully ordered his release and the then Minister of Correctional Services lied to the nation about the true state of affairs. (Well, either that or divine intervention is creating a medical miracle in front of our eyes.)
I will continue to remind readers every 30 days that Shaik is still alive. I really do not want Shaik to die. I just want him to go back to prison where the law seemingly requires him to be.
Every 30 days that Shaik remains alive provides more proof that the medical parole board released Shaik unlawfully and that the government (and specifically the Minister of Correctional Services at the time) lied about his condition. If he had been terminally ill when released – as required by the Correctional Services Act – Shaik would surely have been dead by now. With the passing of every month, the scandal of his release grows bigger. We should not forget this.BACK TO TOP