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Another Blow to the Rule of Law

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Another Blow to the Rule of Law

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11th August 2023

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Some coincidences are simply too much of a stretch. Very few people will believe that the government’s decision to remit the sentences of 9 400 non-violent, short-term prisoners, starting today, just happened to coincide with the return to prison of former President Jacob Zuma, himself one such non-violent, short-term prisoner.

Section 84(2)(j) of the Constitution gives the President the power to remit all penalties, including imprisonment, and such remissions of sentence are a normal and necessary mechanism within the criminal justice system. They allow the authorities to intervene for a range of reasons: to relieve prison overcrowding or to tackle the spread of disease among inmates; to release prisoners whose crimes – such as possession of small amounts of dagga – are no longer regarded as serious; and to celebrate major national occasions like the inauguration of President Mandela in 1994 and the 25th Anniversary of Democracy on Reconciliation Day in 2019.

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