Address by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional, about the development on the occasion of an announcement of presidential pardons for persons who have committed what are alleged to be political offences, Parliament, Cape Town

Honourable President Mbeki;
Madame Speaker;
Chairperson of the National Council of Provinces;
Honourable ministers;
Honourable members;
Comrades and friends;
Ladies and gentlemen;

I would like to begin by acknowledging the presence in the public gallery of a delegation of Parliamentarians from the United Kingdom led by Mr Andrew Dismore, MP of the British House of Commons and chair of the select committee on human rights as well as members of this committee who are visiting South Africa to share our experience on constitutionalism. Welcome!

Thank you Mr President for giving us an opportunity to gather here today, and consider an important national matter relating to the conflict of the past. Today's deliberations afford an opportunity to work towards national consensus on the matter.

Honourable Members,

On this occasion we need to unanimously support the President proposal as it will allow us, working together as members from the different parties represented in this house, an opportunity to dialogue and explore important issues of principle which will invariably arise, such as justice, equity and fairness. It provides us with an opportunity beyond just considering lists of names, but an opportunity to talk to one another. An endorsement of this process by all parties will send a positive message to society at large that we should continue to talk about the values that anchor this society.

Honourable Members,

It is indeed very important that we take this opportunity to reflect on our past history and consider all of these issues that still haunt us and have remained fresh in our memories. The pain and suffering that our people had to endure during the struggle against apartheid will take many years and even generations to heal. The advent of the democratic dispensation gave us all an opportunity to begin the process of healing as said by the president. Let us all rise to the occasion.

The work of the Truth and Reconciliation Commission (TRC) gave us hope that true healing can be achieved if we confront our past with a common vision to build our nation. Today we are gathered in this house to support the president's call for us to meet this challenge and continue to deal with our past. Our nation-building and reconciliation objective requires that the issue of the so called "political prisoners" and their quest for presidential pardon, be brought to a close. In doing so, we must ensure that our processes advance nation building and reconciliation.

We must build on the work that the TRC started. This is also in part, recognition that the TRC process was part of a broader effort towards nation building and reconciliation. Therefore this process which the president has outlined takes further the nation building and reconstruction and development. Quite clearly therefore those persons who were denied amnesty by the TRC are correctly excluded from this process. They may choose though to apply for a Presidential pardon in terms of the normal process and not this one.

Honourable Members,

Many of our people want to go on with their lives and want their records expunged. So many young people who fought in the struggle against apartheid, lost opportunities because of the burden of charges brought against them for violating petty apartheid laws, such as the Immorality Act, which prohibited sexual relations between races and the riotous assemblies, which prohibited political gatherings. It is however, important that we should find a balance between the affirmations of justice and disavow impunity and lawlessness.

Thank you president for giving us this opportunity, to further advance the process of reconciliation and nation-building.

Thank you.

Issued by: Ministry of Justice and Constitutional Development
21 November 2007