RELEASE OF NAMES OF PEOPLE GRANTED PRESIDENTIAL PARDON

Issued by: Ministry of Justice and Constitutional Development

19 May 2002

The Ministry of Justice and Constitutional Development, wishes to release the names of people who were granted Presidential pardon in terms of section 84 of the Constitution, which reads as follows "the President is responsible for pardoning or reprieving offenders and remitting any fines, penalties of forfeitures".

The Ministry has after consultation with the relevant Department (Correctional Services), decided to release these names.

The are:

Dumisani Ncamazana, Zama Thutha, Luvuyo Kulman, Patric Hadebe, Mabandla Mavundla, Mncedisi Siko, Pakamile Ciche, Bonakele Jwambi, Luyanda Kana, Mzwabantu Katsiketsi, Mseki Mbusi, Bonakele Petros, Xolile Edgar Nkukwana, Mandlankosi Jakavu, Mjuyiselo Klaas, Monwabisi Kana, Mabongo Jamela, Thando Kana, Soyiso Zuzani, Monwabisi Eric Khundulu, Basayi Nxaleko Magoko, Zwelenkiosi Mjo, SP Mpambani, MG Sokoyi, NL Zibonda, W Fanayo, X Faku, A Resha, M Mafa, Kwame Sebe, W Faku and DS Mahayiya.

The Ministry furthermore wishes to clarify the procedure and the requirements taken into account, which culminated on the release of these 33 people. A general policy with regard to applications for pardon to clear criminal records has developed over the years. It should be emphasised that, IN VIEW OF THE PRESENT CRIME SITUATION, A VERY STRICT POLICY IS APPLIED.

Each application is considered on its own merit by applying the said policy. When considering an application for pardon certain factors are taken into account.

where the applicant was a MINOR when the offence(s) was/were committed the factors are, inter alia, as follows:

(1) The age of the offender at the time of the commission of the offence(s).

(2) Whether a reasonable period (10 years or more) has lapsed since conviction(s)

(3) Circumstances surrounding the commission of the offence.

(4) The nature of seriousness of the offence. The sentence imposed is the determinant factor and not the name of the offence).

(5) The personal circumstances of the offender at the time of applying.

(6) The interest of the State and the community.

In cases where the offender was not a minor at the time of the commission of the Offence(s), the above-mentioned as well as the following factors are taken into Consideration:

(1) Whether or not the sentence consists of a period of imprisonment (whether it was suspended or not) and also the blameworthiness generally attached to the offence.

(2) Whether the negative factors flowing from the conviction are of such a nature that the relevant case can on these grounds be distinguished from those of other South Africans with similar convictions.

when an application for pardon of a conviction in respect of an offence, which allegedly has been politically motivated, is received, the Department is not in the position to establish whether or not such an offence was committed with political objects. The Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995) was specifically promulgated to grant amnesty to political offenders. The criminal records of persons to whom amnesty had been granted, had been expunged in terms of section 20 of the above-mentioned Act. The expiry date for applications for amnesty was, however, 30 September 1997 and the remedy in terms of the above-mentioned Act is no longer available to such persons. These applications where therefore not political.
If a person wishes to apply for pardon and is of the opinion that he/she, in the light of the above-mentioned, will qualify for pardon, a written application containing the following information should be submitted to the Director, Legal Process, Depaent of Justice, Motivation/reason(s) for the request with reference to the present detrimental effect of a person's conviction(s).

(ii) A brief description of the circumstances surrounding the commission of the offence(s).

(iii) A copy of the first page of a person's identity document.

(v) An original set of fingerprints (can be obtained from a Police Station).

All these requirements were taken into account when recommending for their pardon to the President.

It should be noted that the above-mentioned is a lengthy process (approximately 12 weeks) as it involves Officials of the SAPS and the Department of Justice, officials of the President's Office and the President.

The Ministry furthermore wishes to state categorically clear that there will be no blanket amnesty. Of course we are aware with the implications of these Presidential Pardon in that many people would try their luck. However we want to emphasise the fact that each and every case will be considered on merit. Indeed the Ministry will not recommend the President for the Release of people who do not meet the requirements or objectives of section 84 (2) (j) in the Constitution. Furthermore, the Ministry wishes to reject as fabrication, the reports that following the Minister's meeting with leaders of the opposition parties, that he discussed possible release of Clive Derby Lewis and Janusz Walus. All the Minister did, was to inform these leaders that their members were not restricted from applying to the President under the above-mentioned section of the Constitution for Presidential Pardon. No specific names of individuals were mentioned. The government is committed to upholding the rule of law and to ensuring that those who commit crime are adequately punished. It is mainly the state's Constitutional responsibility to protect its citizen against crime and will do everything to do so.

In as far as the issue of so-called general amnesty is concerned, the Minister met with leaders from the Freedom Front, the Afrikaner Eenheidsbeweging and the Conservative Party, with the view to discuss the way forward as far as people who applied for amnesty before the TRC and did not get it or who simply did not apply are concerned. The Minister told them that the process would lengthy one as all the role players among them, cabinet as well as parliament, would have to be involved if not consulted. It is not a matter the Minister can decide upon alone.

The Ministry hope that this clears all the uncertainties around this matter.

Released by Paul Setsetse on Behalf of the Minister of Justice and Constitutional Development.

Cell: 0832524770