SHAIK PAROLE KEEPS SPOTLIGHT ON ZUMA'S PAST

C O N F I D E N T I A L SECTION 01 OF 02 PRETORIA 000476 SIPDIS E.O. 12958: DECL: 03/10/2019 TAGS: PGOV KJUS SF KDEM SUBJECT: SHAIK PAROLE KEEPS SPOTLIGHT ON ZUMA'S PAST PRETORIA 00000476 001.2 OF 002 Classified By: POLITICAL COUNSELOR RAYMOND L. BROWN. REASONS 1.4 (B) AN D (D). -------------- Summary -------------- ¶1. (C) The government's decision to parole on medical grounds convicted fraudster, and former Jacob Zuma business associate, Schabir Shaik is keeping the spotlight on the ANC President's past in the run-up to the April 22 election. Shaik, convicted in 2005 of bribing Zuma, was released from prison last week after doctors reported that he is "in the final stages of a total physical shutdown." Since Shaik's release, the press has reported contradictory stories either confirming the businessman's illnesses or arguing that the release is merely an attempt by the African National Congress (ANC) to obscure questions about Zuma's own alleged corrupt ties. (Note: Zuma faces charges of corruption, fraud, money laundering, and racketeering. His trial is scheduled to begin in August. Shaik was convicted of bribing Zuma to benefit Shaik's business interests and to protect him from official sanction. End Note.) Regardless of why Shaik was released from prison, the decision serves to keep Zuma's past dealings and friendships in the public's mind ahead of the election next month. End Summary. -------------- Shaik Gets "Out of Jail Free" Card -------------- ¶2. (C) The government last week decided to parole on medical grounds convicted fraudster Schabir Shaik after doctors on the medical parole board reported that he is "in the final stages of a total physical shutdown." Shaik had been serving a 15-year prison sentence that began in 2005; his conviction ultimately led to the firing of Zuma as Deputy President. The medical report noted that "despite our (doctors') best efforts, Mr. Shaik's blood pressure remains refractory to medication." Moreover, the report said, "The target organ damage, including progression in the severity of organ damage, has been objectively documented. He remains at risk for a stroke, heart attack, and blindness." The "Sunday Times" newspaper reported that Shaik had been discharged from prison to a hospital four months ago and had remained in a hospital ward until the medical parole was granted. Shaik has had numerous medical problems since beginning his sentence. In 2006, he spent extended time in St. Augustine's Hospital in Durban at least twice. In 2007, according to the Shaik family, he had a stroke and was admitted to Albert Luthuli Hospital. The Shaik family claims he later suffered a second stroke. In the middle of 2008, Shaik had to go into intensive care at Luthuli twice because it was feared that the "onset of a stroke was imminent." His legal team argued he suffered from hypertension and depression and should not remain incarcerated for health reasons. ¶3. (C) Despite his numerous health problems, many critics see the medical parole of Shaik as a favor from the government to someone loyal to the presumptive incoming national leader. "City Press" newspaper reported on March 8 that more than 1,056 inmates died in prison last year and that Shaik should have been treated no differently. The article argued that Shaik's case was "fast tracked" because a total of 117 terminally ill prisoners died last year at the same prison holding the Zuma ally. Durban's Justice for Prisoners and Detainees Trust chairperson Derrick Mdluli QPrisoners and Detainees Trust chairperson Derrick Mdluli noted that Shaik's incarceration was problematic because he was never treated like other prisoners. Mdluli said, "When he was released (last week) he had been in an outside hospital for almost a year. Other prisoners are not allowed to stay at an outside hospital for more than two months." Moreover, the "Pretoria News" reported on March 10 that the same doctor who recommended Shaik be released because of his medical condition also did so last year. The doctor also issued a report last year after one of Shaik's hospital stays saying that the former businessman was "well enough to go home from the hospital." The doctor's statements suggest that he has a history of highlighting Shaik's ill health, calling into question whether his health has deteriorated as much as the medical parole board cites. ¶4. (C) Legal experts say that the decision could cloud Zuma's prospects and image as he heads into the election. University of Western Cape professor Pierre de Vos said, PRETORIA 00000476 002.2 OF 002 "Section 79 of 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.'" Yet, de Vos related that either Shaik is going to "die any day or the Parole Board broke the law in releasing him." He added, "It seems the ANC cronies on the Parole Board are tough on crime if those who commit the crime are not ANC members or friends of the President of the ANC." ¶5. (C) Zuma so far has yet to make any statement regarding Shaik's parole. Moreover, Zuma has shied away -- or been whisked away by bodyguards -- when asked about his opinion regarding the release. President Kgalema Motlanthe has said publicly that he would review the parole board's decision if he is asked; the Democratic Alliance on March 11 formally asked the President to look into the matter, but he has yet to respond. -------------- Comment -------------- ¶6. (C) Political opponents to the ANC in Parliament have been quick to raise hard questions about Shaik's parole. They note that few prisoners receive medical paroles, not even after advanced stages of deterioration for HIV/AIDS patients. They strongly denounce the statement by the Minister of Corrections and Prisons for suggesting that there would be no review of the medical parole because of the need to protect Shaik's "privacy." Various political and civil society groups will seek to reverse this parole decision in the courts. The recent spate of incidents related to alleged malfeasance, corruption, or criminal activities of ANC leaders and MPs raise skepticism about the conditions of Shaik's case. Significant opinion leaders have called on the SAG to standardize parole procedures so that efficient consideration of all cases takes place, or to at least explain how and why the public interest is served by Shaik's medical parole. ¶7. (C) Schabir Shaik's parole helps Zuma in one sense, but hurts him in a very real sense as well. The medical parole helps the ANC President because it means Zuma for now does not have to answer questions about why his business associate convicted of bribery is serving time while he walks free -- and probably assumes high office after the election. Yet, the decision also hurts Zuma because it further raises questions about how far the ANC (and specifically, the ANC under his leadership) will go to ensure it protects its own. Unfortunately, the sad truth is that this story is unlikely to go away for Zuma or for the country unless Shaik's medical condition proves as deadly as doctors have described. LA LIME