President Zuma considering pardons

Friday, February 27, 2015

Pretoria - President Jacob Zuma is yet to consider the remaining applications for presidential pardons.

In response to Parliamentary questions on Thursday, President Zuma said he would consider the applications in terms of the Special Dispensation Process.

“The Department of Justice and Constitutional Development (now Department of Justice and Correctional Services) and The Presidency are in the process of finalising the relevant documents for my final decision.

“I have therefore not yet granted pardon to any applicants who applied in terms of the Special Dispensation Process, including Inkatha Freedom Party (IFP) members. All applicants will be informed as soon as I have taken a decision on this matter,” said the President.

With regards to the reference group, consisting of members of political parties represented in Parliament -- which was established to evaluate the applications and make recommendations to the President as to whether or not a pardon should be granted -- President Zuma said the group dealt with 2 109 pardon applications.

Of the total applications, 432 were submitted by applicants who indicated that they were members of the IFP.

According to President Zuma, the reference group recommended that pardon be granted to 149 applicants out of the total 2 109.

The reference group did not recommend pardon in a specific case if the application fell within one or more of the following categories: applicants who did not apply in terms of the Special Dispensation Process before the due date; cases where the offence or offences that were committed after 16 June 1999 were sexual offences, acts of domestic violence or offences that involved drugs.

Also not recommended were applicants that had been refused amnesty by the Committee on Amnesty in terms of the TRC Act and also for offences that were not committed with a political objective.

The President said the remaining applications are still receiving attention and the applicants will be informed as soon as he has taken a decision.

Presidential pardons come as a result of a Special Dispensation created by the former President Thabo Mbeki in 2008. Under the dispensation, those who were convicted of politically motivated offences before 16 June 1999 and those who had not applied for amnesty to the Truth and Reconciliation Commission (TRC), can bring their applications for pardon.

Section 84 (2) (j) of the Constitution empowers the President of a Republic to pardon or reprieve offenders.

The Department of Justice and Correctional Services routinely receives the applications for processing and forwards these to the Presidency for consideration by the Head of State.

Recognition of Khoi and San leaders

The President was also asked about the latest developments in finalising the formal recognition of Khoi and San leaders.  

In his response, President Zuma said the Traditional Affairs Bill makes provision for the statutory recognition of Khoi and San communities and leaders.

Cabinet approved the publication of the Traditional Affairs Bill for public comment in early September 2013.

The Bill was subsequently published in the Government Gazette on 20 September 2013 and the extended date for comment was 31 December 2013.

“It is anticipated that the bill would be resubmitted to Cabinet for final consideration before the end of the current financial year,” the President said in his reply.

Government hopes that the bill will recognise the Khoi and San and close the existing gaps in the legislation, as there is currently no legislation that recognises the Khoi and the San. - SAnews.gov.za