Minister yet to get IFP pardon report from SAHRC

The justice ministry's new institution to train aspiring judges

Brigitte Mabandla, the justice minister, has not received a report on the findings of the SA Human Rights Commission (SAHRC) in relation to the Presidential Pardon of Inkatha Freedom Party (IFP) associates in prison.

"The minister has not yet received any official report with regards to its deliberations and findings and basis of the findings from the SAHRC," Zolile Nqayi, the justice ministry spokesperson, said today.

"What the minister has received is a letter from a legal practitioner at the SAHRC advising her of the findings. It is only after the receipt (of the report) that the minister will be in a position to respond fully." Nqayi was responding to a call by the SAHRC for Mabandla to speedily process the Presidential Pardon applications of 384 IFP associates in prison.

SAHRC finds minister violated applicants'rights
Tseliso Thipanyane, the SAHRC chief executive, said today the commission had found the minister violated the applicants' rights because they had not yet been processed. The commission therefore recommended that Mabandla process the applications within three months and make a progress report to the SAHRC each month, with a full report after 90 days, he said.

Koos van der Merwe, the IFP chief whip, said his party was one of three complainants to the SAHRC on the issue. The IFP had laid a charge with the commission after the applications for pardons by the 384 prisoners were not processed in three years.

"The 384 applications were submitted by the IFP on behalf of prisoners and the minister has done nothing for three years," Van der Merwe said.

Calls for minister to resign
He called on Mabandla to resign immediately. "It's a very serious matter. How can South Africa expect justice if the minister is a violator of human rights?" However, Nqayi said the minister had indicated that the Presidential Pardon was one of the most difficult and sensitive post Truth and Reconciliation (TRC) matters to deal with.

"It is for this reason that from the beginning she has fully liaised with all the political parties and other interested parties to bring final closure to this matter," he said.

"Minister Mabandla indicated that the matter of Presidential Pardons for prisoners, who allege that their offences were politically motivated, is a complex matter that has no legal precedent and therefore one that requires a political solution," he added.

Some of the complexities that the minister cited included the fact that some of the applicants did not utilise TRC processes because their political parties did not support the commission. Some of the applicants also said they were not aware of the TRC processes and in some cases, the offences some of the applicants allegedly committed took place after the cut off date for TRC amnesty applications. - Sapa