In reply to a Democratic Alliance (DA) parliamentary question to
the Department of Justice and Constitutional Development, as to
whether or not Shabir Shaik has applied for a presidential pardon,
the Minister has responded by saying the question should be
referred to the Presidency: "...the Presidency, as the
constitutional power whether or not to grant a pardon and the
arrangement, determination and control of the processes attendant
upon the discharge lies with the President of the Republic of South
Africa and not the Minister."
The DA will do so. But the Minister's response is disingenuous
and is shown up as such by his response to a similar question from
the IFP. The disparity between the two responses suggests the
Minister is either ignorant as to the nature of the process of
applying for a Presidential Pardon, or has something to hide. In
other words, Mr Shaik has indeed applied and the Department is
doing what it can to keep the matter off the public record. And the
only reason it would do that, is because it is considering granting
the pardon, which would be unconscionable.
In reply to an IFP question, asking whether the same Department
had received similar applications from two other individuals, the
Minister stated that his department had indeed received the
applications and that "All the applications, including the ones
under question, were processed and are currently in the Office of
the President".
Why is the Minister willing to answer that question but unable
to confirm, one way or the other, if Mr Shaik has applied? The
process of applying for a Presidential Pardon requires an
individual to first apply to the Minister of Justice, before that
application is then forwarded onto the Presidency. This must happen
because the Department of Justice is responsible for motivating to
the Presidency either in favour or in opposition to the
application.
In 2001 Allan Boesak applied for a Presidential Pardon. His
application was rejected at the first hurdle, by the Department of
Justice. Quite clearly the Department is central to the process
concerning Presidential Pardons and is now being inconsistent.
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