Deputy Chairperson, there was previously no Medical Parole Advisory Board. All recommendations for medical parole were made by a medical practitioner to the Correctional Services Parole Board for consideration.
In terms of the newly established Correctional Matters Amendment Act of 2011, an independent medical report will be provided to the national commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, on the appropriateness to grant medical parole in accordance with section 79(1)(a) of the Act.
Yes, an increase in the scope and magnitude of the work of the newly established Medical Parole Advisory Board is anticipated for the following reasons. In the Correctional Services Act of 1998 the criterion to be considered for placement on medical grounds was that the offender had to be in the last phase of a terminal illness, whereas in the amendment to the Correctional Services Regulations, 2004, an offender had to be suffering from one or more of the infectious and noninfectious conditions identified in Regulation 29A(5).
Previously, in terms of the Correctional Services Act, 1998, the process for consideration for placement on medical grounds was initiated by a professional nurse or medical practitioner, based on the offender's health and conditions, whereas in the new process application for medical parole can be made by the offender or any legal applicant, who can be a professional nurse, a medical practitioner, the next of kin or even a legal representative.
The answer to the next part of the question is yes, an organisational structure filling all the required posts for the Medical Parole Advisory Board has been approved for implementation. This structure reflects the following posts: chairperson, vice-chairperson, and 14 registered medical officers. A dedicated support structure has also been approved for each of the six regions and the head office. Furthermore, the department has identified three units, which will provide additional support to the board. Thank you, Chairperson.
Hon Bloem, I hope you are not coming with a new question. Can you be patient?
Thank you, Deputy Chairperson. He must just know that it was my question. I want to check something with the Deputy Minister. Firstly, thank you, Deputy Minister. I want to know if the existing board will consider offenders who were already on their deathbeds before it was established.
Deputy Chairperson, the new board will follow on from the previous board; it will be in the shoes of the previous board. So, it will take on any responsibility that the previous board would have taken on. It inherits its responsibilities and obligations. Thank you.
Thank you, Deputy Chairperson. Deputy Minister, I just want to check if Jackie Selebi's friends are now also going to be entitled to apply to this new Medical Parole Advisory Board? Thank you. [Laughter.]
Deputy Chairperson, I think I have enumerated the people who are qualified to apply. Thank you.
Deputy Chairperson, I would like to ask the Deputy Minister if he has any idea of the number of terminally ill inmates at the Correctional Services facilities, because this would obviously also help to relieve the overcrowding situation. Is there any indication of the number of persons involved? Thank you.
Deputy Chairperson, I think this is a new question. Maybe the hon member can give it to me and we can give him the answer in writing. It is new but I think it is a genuine question - it's new but genuine.
Chairperson, on a point of order: Is it the prerogative of the Minister or the Chairperson to decide if it is a new question or not?
Hon member, we are doing serious work here. Do you understand? Please, don't come and start disturbing the House. [Interjections.] No! No! No! Sit down, Minister. [Interjections.] It is. I say it is.
Thank you, hon Deputy Chair. I would like to put a question arising out of the Deputy Minister's reply. He indicated that the current advisory board has to a certain extent stepped into the "shoes" of the previous advisory board. My question is whether the new advisory board will consider the cases of people who are out on parole and who have recovered to such an extent that they should be put back into jail. Is that part of the criteria of the advisory board? Those people have recovered to the extent that they can go and play golf and live a normal life. Is that part of the "shoes" of the previous advisory board? Does the current board also take that into account, that people must return if they have fully recovered and they are healthy?
Deputy Chairperson, I think I should be protected by the Rules. [Interjections.]
Study your Rules, and may I say something? Hearing is a skill, and if we could be very attentive when all these Ministers that are seated here are answering the questions, we would actually cut down the time we are wasting almost totally. Thank you. Next question.
Deputy Chairperson, my hand is up. [Interjections.]
Hon Bloem, that was the last chance. Thank you very much. I am not going to entertain your request. [Interjections.]
No! Deputy Chairperson, I insist on addressing you.
Hon Bloem, that was the last question and, if you are not going to be attentive, do me a favour and walk out. [Interjections.]
Yes, I would rather walk out. [Interjections.]
Please, walk out! [Interjections.]
But I am not going to ... [Interjections.]
No! Walk out, Mr Bloem! I'm not ... [Interjections.]
Yes, I am going to do that, because my hand was up long ago, Chairperson, and you ignored my hand. It is not correct, Chairperson.
Lodge your complaint!
I will walk out, Chairperson. [Interjections.]
Walk out! Action taken in light of findings by Special Investigating Unit and measures put in place to ensure affected prisons cater for themselves
5. Mr L P M Nzimande (ANC) asked the Minister of Correctional Services:
(1) Whether, in light of the findings by the Special Investigating Unit regarding allegations of an improper and corrupt relationship between the officials of her department and the representatives of a certain company (name furnished) in the awarding of a tender, her department has taken any action against those responsible; if not, why not; if so, (a) what action and (b) what are the further relevant details;
(2) whether any measures are in place to ensure that the seven prisons that are utilising services from the said company cater for themselves; if not, why not; if so, (a) what measures and (b) what are the further relevant details?