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Sat May 26 10:02:20 SAST 2012

They're taking me to prison: Shaik

NIVASHNI NAIR | 14 March, 2011 21:45

Schabir Shaik's three-night stint in jail, which began yesterday, could last for years if the Parole Review Board finds that he assaulted two people while paroled on the grounds that he is terminally ill.

Two Correctional Services officials surprised Shaik early yesterday when they arrived at his plush home in Morningside, Durban, to arrest him.

Minutes later, Shaik was driven away to Durban's Westville Prison, where he will spend 72 hours sharing a cell with common criminals.

Shaik will be held while the Department of Correctional Services investigates allegations that he punched fellow worshipper Mohamed Ismail outside Overport's Masjid al Hilal mosque on Friday, and slapped and choked journalist Amanda Khoza on a golf course less than three weeks ago.

Khoza laid charges against Shaik, but Ismail has decided not to do so.

During his arrest, the distraught Shaik reportedly made an emotional phone call, shouting: "They're taking me to prison."

Last week, the Department of Correctional Services said it would take action against Shaik only when the police investigation into his alleged attack on Khoza was finalised and the allegations confirmed.

But yesterday it abruptly changed its stance after the Sunday Times reported that the "terminally ill" man allegedly punched Ismail after an argument in the mosque's parking ground.

Sonwabo Mbananga, spokesman for Correctional Services Minister Nosiviwe Mapisa-Nqakula, said: "We had to change our stance. We felt it was necessary to step in. Usually we would be guided by the police investigation but, after the second allegation surfaced, we decided action needed to be taken.

"The department felt that Mr Shaik had to be readmitted into the prison facility while we investigate the veracity of the allegations against him."

Mbananga said Shaik's fate would be determined by the Parole Review Board, which will sit this week.

"The department will present its findings to the board. If those findings show that Mr Shaik did violate his parole conditions by committing a crime, the board can either tighten his parole conditions or send him back to prison to serve the rest of his prison term," he said.

Shaik, a friend of, and former financial adviser to, President Jacob Zuma, served 28 months of his 15-year jail sentence for fraud and corruption - most of it in the St Augustine's private hospital and the Inkosi Albert Luthuli state hospital.

He was given parole on medical grounds after his doctors told the board that he was terminally ill, clinically depressed, losing his eyesight, had suffered a stroke, and would die from "severe" high blood pressure. He was taken home in an ambulance.

But, since then, he has been spotted shopping, playing golf and dining at fancy restaurants. The parole board allows him four hours of free time a week - cut from six hours after he was seen shopping outside his allotted time.

When asked if Shaik knew he was going to be arrested yesterday, Mbananga said: "The Department of Correctional Services does not need the permission of anyone when arresting someone on parole."

He said Shaik would be allowed to have visitors in prison and will have access to his attorney.

But Shaik's lawyer, Reeves Parsee, said yesterday that he knew nothing of his client's arrest.

Shaik's wife, Zuleika, went to ground yesterday and the security guard outside his home insisted that Shaik had not been arrested.

"He went for a doctor's appointment at 9am," he said.

The Times told Ismail of Shaik's arrest while he was at his daughter's hospital bedside.

"I'm dealing with my own trauma. God must be with him. I don't feel anything for the man so I have no feeling on his arrest," Ismail said.

Ismail claimed Shaik became aggressive on Friday when he asked him to move his Jeep, which he said was blocking the parking ground's exit.

Ismail was on his way to the hospital at which his gravely ill five-year-old daughter is being treated .

During an argument, Shaik allegedly punched and slapped Ismail, who was behind the wheel of his car.

"I chose not to lay a charge because all I care about is my daughter. This man means nothing to me.

"I did not curse him, but his arrest is God's will," Ismail said yesterday.

He said yesterday's media reports about the alleged incident - one of which quoted Shaik calling Ismail a "big fat fellow" - were "ridiculous".

"In one paper, Shaik called me fat. In another I hear I punched him. If that is the case, he must lay a charge and I will defend it," he said.

James Selfe, DA MP, said Shaik's arrest showed that Correctional Services "recognised that there are problems with the Parole board".

He said he asked Mapisa-Nqakula last month to order the Parole Board to investigate and review Shaik's parole.



SHAIK SAGA

  • October 2004: Schabir Shaik's fraud and corruption trial begins in Durban.
  • June 2005: Judge Hillary Squires sentences Shaik to 15 years on each count of corruption and three years for fraud. The sentences were to run concurrently. He was accused of paying Jacob Zuma R1.2-million in bribes from one of his companies and also of facilitating a R500000-a-year payment to Zuma from French arms trading company Thint Holdings to deflect corruption investigations.
  • November 2006: Shaik starts serving his sentence, but is admitted to a private hospital 16 days later.
  • March 2009: Shaik is freed on medical parole with doctors describing him as "terminally ill".
  • August 2009: The DA calls for his parole to be revoked after he was caught driving around town.
  • October 2009: The presidency confirms that Shaik has applied for a presidential pardon in the same month that reports surfaced that he was playing golf. The Department of Correctional Services said that it could not act on a mere "allegation" and that Shaik was allowed "free time".
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