Zuma Prison Case Casts Doubt On South Africa's Medical Parole Law TC_Africa: SouthAfrica
is open to political manipulation. In the main, the powers and functions of the Medical Parole Advisory Board require elaboration. Additionally, the principle that medical parole can only be considered by the commissioner if the board has confirmed the illness or incapacity of the offender, and if the correctional facility cannot provide the appropriate care, must be expressly included in the law.
If the board finds that an offender is not terminally ill or incapacitated, as was the case with Zuma, that ought to be the end of the matter as the main requirement for medical parole does not exist. It is the absence of a statement to this effect in section 79, which may leads to exploitation. Logically, the board is in a position to decide the medical aspects of an application and to guide the commissioner on the care and conditions which are consistent with optimising the quality of life of offenders. The commissioner should then consider whether the prison facility has the means to follow such guidance in caring for an offender.
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