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The Democratic Alliance (DA) applauds the Constitutional Court's ruling this morning that victims must be heard before the President decides whether to grant a pardon to persons whose applications were processed under the Special Dispensation announced by former President Mbeki on 21 November 2007.

Chief Justice Ngcobo's judgment on behalf of a unanimous court is rooted directly in the Truth and Reconciliation Commission (TRC) process through which South Africa sought unity and reconciliation after the conflicts of the past. It will therefore resonate deeply with South Africans. Judge Ngcobo and the court ruled that pardons must be rationally related to the purpose sought to be achieved. Under the Special Dispensation created to conclude the unfinished business of the TRC process, that purpose remains unity and reconciliation, and the criteria that applied for the grant of amnesty under the TRC's Act are further served by giving victims an opportunity to be heard.

The DA has taken the position that transparency and victim participation must be observed from the early Nineties' amnesty initiatives onward. The Democratic Alliance's predecessor parties, when co-legislating the Promotion of Unity and Reconciliation Act (the TRC Act) in 1995 argued for these principles, and the DA has consistently demanded victim participation in any Presidential pardon process since that time.

The DA congratulates the Centre for the Study of Violence and Reconciliation and the other NGOs involved on being awarded their costs, and for their initiative. We note that the Court's finding applies only to applications brought under the "unfinished business" process. The cases of Mr Schabir Shaik and Eugene de Kock are therefore not at issue.