Cape Town — Correctional Services Minister Nosiviwe Mapisa- Nqakula faces a grilling in Parliament next week as reports that medical parolee Schabir Shaik was seen driving himself around Durban at the weekend reignited the row over his release.

Repeated requests to the former minister, Ngconde Balfour , then former president Kgalema Motlanthe and finally to Mapisa- Nqakula herself, that the matter be referred to the parole review board, have been refused in the past six months. Medical parole is considered for the terminally ill so they can die with dignity at home.

The possibility exists that legal action will be taken against the correctional services authorities over the release earlier this year, which many described as political favouritism. Shaik has lain low for some time after his parole, but recently he has been seen in a restaurant celebrating his wife's birthday and now driving alone in Durban.

Democratic Alliance (DA) correctional services spokesman James Selfe, one of those who have written letters to the government seeking a review, said the recent report had prompted him to consult lawyers on whether the matter could be reviewed in court . He said he would again write to Mapisa- Nqakula asking for a review.

In addition, he would ask in the first round of oral questions in the National Assembly, scheduled for Wednesday next week, whether Mapisa-Nqakula "will refer the release of Schabir Shaik on medical parole to the Correctional Supervision and Parole Review Board, if so, when, and what are the relevant details, and if not, why not?"

Selfe has also submitted a question for written reply, asking "how many inmates apply for medical parole, how many are granted parole, and how many are refused parole and subsequently die" in jail.

DA efforts to get information had been fruitless, and "far too many doubts" remained as to whether the Shaik parole decision was justified in terms of the Correctional Services Act, Selfe said.

He said the act said 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".

"At the time of his release there was no clear indication of whether or not Mr Shaik was indeed suffering from a terminal illness," Selfe said. "Now, almost six months later, he has been spotted driving around Durban, apparently in perfect health.

"With each passing day, it becomes more certain that Shaik's release from prison was purely political and had little to do with a terminal illness. As the president's ally, he was ushered out of jail, after barely serving any time in prison, under a false pretext.

"In contrast, many terminally ill inmates ... whose medical paroles have in some cases been recommended by the parole board, are not released and die in jail."

The parole system was "inequitable and ineffective and must also be reviewed," Selfe said.