High Court papers have been served on President Thabo Mbeki and Justice Minister Brigitte Mabandla calling on them to respond in the matter of considering applications for a presidential pardon for certain prisoners, Inkatha Freedom Party chief whip Koos van der Merwe told MPs on Tuesday.
Speaking during debate on the justice department’s budget vote in the National Assembly, he said the matter was a long-standing one, as the 384 prisoners had applied for presidential pardons almost four years ago.
But responding later in the debate, Deputy Justice Minister Johnny de Lange said the prisoners involved were ”people who have murdered, some of them have even raped … and taken part in serious robberies”.
Not one of the applications explained why they should be treated as political cases, he said.
Van der Merwe said that in January this year, the IFP’s complaints about the matter were vindicated when the Human Rights Commission (HRC) made a finding that the minister, by not processing the applications, was guilty of violating the prisoners’ human rights.
”This damning finding obviously sent a resounding shock through South Africa’s judiciary. Judges, magistrates and lawyers found it difficult to understand how it could be possible for the minister of justice to be found guilty of violations of human rights. It caused serious embarrassment,” Van der Merwe said.
The commission had ordered the minister to finalise the applications by March 31, and to provide progress reports to the commission.
”Honourable members would therefore understand our total disappointment and shock when we learnt that the minister had informed the HRC that it did not have the power to investigate her, or to make a finding against her, and that she regarded their finding as ultra vires.
”Here we have a minister of state who decides that a constitutionally-created statutory body, the Human Rights Commission, has no power to investigate her inaction and her violation of human rights!”
Van der Merwe said this showed ”utter contempt” for the Constitution.
De Lange, who said he had read all the applications for a pardon, said the HRC had ”not taken a decision on the matter, and not placed a report before the minister [Mabandla]”.
”All we have is a one-and-a-half page letter from a junior official in that unit … If there is a proper report, we will look at it.”
The HRC had no legal powers whatsoever, ”other than persuasive powers”, De Lange said.
Van der Merwe said the 383 prisoners had decided to seek intervention by the High Court.
”I therefore announce that High Court papers were yesterday [Monday] served on the minister and today on the president, calling on the High Court to order the minister and the president to obey their constitutional duties and consider these applications.”
Van der Merwe said Mabandla had caused ”serious embarrassment” to Mbeki.
”There is but one option open to the minister: Make way for a competent person who respects the provisions of the Constitution of South Africa,” he said.
De Lange challenged Van der Merwe to name the prisoners who were applying for a pardon. – Sapa