Commission's findings on presidential pardons
5 January 2007
The Ministry of Justice and Constitutional Development would like to respond
to the media reports about the findings of the South African Human Rights
Commission (SAHRC) in relation to Inkatha Freedom Party's (IFP) complaint about
the processing of presidential pardons for alleged political prisoners.
Firstly, we would like to point that Minister Mabandla has as yet not
received any official report with regards to its deliberations, findings, and
basis of the findings from the SAHRC. What the Minister has received is a
letter from a Legal Practitioner at the SAHRC advising her of the findings. We
have requested the report, and it is only after its receipt that the Minister
will be in a position to respond fully.
Minister Mabandla has on numerous occasions indicated that this is one of
the most difficult and sensitive post Truth and Reconciliation Commission (TRC)
matters. It is for this reason that from the beginning she has fully liaised
with all the political parties and other interested parties in an attempt bring
final closure to this matter. In response to Parliamentary questions and to the
SA Commission request for information, Minister Mabandla indicated that the
matter of presidential pardons for prisoners, who allege that their offences
were politically motivated, is a complex matter that has no legal precedent and
therefore one that requires a political solution. Some of the complexities that
the Minister referred to in her response to a question on this matter are:
1. Some of the applicants failed to utilise the TRC processes that were
available to them because their political parties did not support the TRC
2. Some of the applicants plead ignorance to the TRC processes
3. Offences that some of the applicants are alleged to have committed took
place after the cut off date for TRC amnesty applications
It is because of these complexities their political nature and sensitivities
that the Minister deemed it fit to solicit the collective wisdom of Cabinet in
dealing with the matter, and not incompetence of any sort.
For more information, please contact:
Zolile Nqayi
Tel: (021) 467 1714
Cell: 082 898 6483
E-mail: znqayi@justice.gov.za
Issued by: Ministry of Justice and Constitutional Development
5 January 2007
