Comments on: A short lesson on Presidential pardons http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/ This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos Thu, 17 May 2012 10:52:27 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: maudri http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-39427 maudri Tue, 23 Nov 2010 17:02:06 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-39427 Dear prof I am one of your former students and was appraoched by a friend was employed at the SAPS during the 90's. Inveestigations as to medical aid fruad was brought against her in the amount totaling R865. The fraud committed was not by herslef, but by her partner at the time of which she was unaware.she was dismissed and convicted for the said offence and it has now been 7 years since the incident. Her work performance was outstanding and she was being promoted from inspector to captain when the investigation started. I read through the guidelines and would like to know what the possibility or likelihood would be for her to receive such pardon. She would like to return to her profession. Due to her criminal record, for the very minor offence, she has been unable to apply for any professional positions at any known institutions. Please let me know what the procedures would be, if any to apply and what the success rate would be. Dear prof
I am one of your former students and was appraoched by a friend was employed at the SAPS during the 90′s. Inveestigations as to medical aid fruad was brought against her in the amount totaling R865. The fraud committed was not by herslef, but by her partner at the time of which she was unaware.she was dismissed and convicted for the said offence and it has now been 7 years since the incident.

Her work performance was outstanding and she was being promoted from inspector to captain when the investigation started. I read through the guidelines and would like to know what the possibility or likelihood would be for her to receive such pardon. She would like to return to her profession.

Due to her criminal record, for the very minor offence, she has been unable to apply for any professional positions at any known institutions. Please let me know what the procedures would be, if any to apply and what the success rate would be.

]]> By: Stupid http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-25593 Stupid Sun, 21 Feb 2010 18:28:52 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-25593 Once again a bunch of legal people offer up their brilliance. What's the point Shaik is free - he plays golf, has dinner with friends at restuarants and pretty much does whatever he wants. If there was ever a profession in this country that should hang its head in shame. there IS justice, only it exists for the rich who can afford to go to court and the politicians and their cronies who are above the law. For the rest of us that have to be subjected to the arrogance (as is truly represented by the opening sentence of this article) of the legal profession i just hope one day a few of you decide you do actually want to provide a service to the people of this country instead of babbling on to show everybody how smart you are. Once again a bunch of legal people offer up their brilliance. What’s the point Shaik is free – he plays golf, has dinner with friends at restuarants and pretty much does whatever he wants. If there was ever a profession in this country that should hang its head in shame. there IS justice, only it exists for the rich who can afford to go to court and the politicians and their cronies who are above the law. For the rest of us that have to be subjected to the arrogance (as is truly represented by the opening sentence of this article) of the legal profession i just hope one day a few of you decide you do actually want to provide a service to the people of this country instead of babbling on to show everybody how smart you are.

]]> By: Jusdyn http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24620 Jusdyn Fri, 29 Jan 2010 16:29:05 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24620 Great lesson! I've been answering questions about pardons, expungements and Seals for a year now, seems people don't really know what they are or what they do. Great lesson!
I’ve been answering questions about pardons, expungements and Seals for a year now, seems people don’t really know what they are or what they do.

]]> By: Maggs Naidu http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24467 Maggs Naidu Tue, 26 Jan 2010 04:48:11 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24467 Hey Dworky, Ste that unimportant thingy aside. Report progress on MASFOM. Hey Dworky,

Ste that unimportant thingy aside.

Report progress on MASFOM.

]]> By: Mikhail Dworkin Fassbinder http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24465 Mikhail Dworkin Fassbinder Tue, 26 Jan 2010 04:41:01 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24465 Hey Maggs! I see Helen "Botox" Zille has also come out against pardon. Quick, we must demand that De Kock be freed tomorrow! (By now we understand the rule: ANYTHING the racist white liberals are for, we are against!) Hey Maggs!

I see Helen “Botox” Zille has also come out against pardon.

Quick, we must demand that De Kock be freed tomorrow!

(By now we understand the rule: ANYTHING the racist white liberals are for, we are against!)

]]> By: Maggs Naidu http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24462 Maggs Naidu Tue, 26 Jan 2010 03:37:00 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24462 Gwebecimele says: January 25, 2010 at 11:50 am "Cope needs a launchpad". Fly me to the moon, comes to mind! Gwebecimele says:
January 25, 2010 at 11:50 am

“Cope needs a launchpad”.

Fly me to the moon, comes to mind!

]]> By: Gwebecimele http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24442 Gwebecimele Mon, 25 Jan 2010 09:50:48 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24442 It seems as if someone is awake on the ANC bench (in parliamment) and not busy aligning themselves with camps. I hope she is supported by many in the ANC. Last time I checked Dennis Bloom was an expert on these matters of correctional service. Cope needs a launchpad.. It seems as if someone is awake on the ANC bench (in parliamment) and not busy aligning themselves with camps. I hope she is supported by many in the ANC.

Last time I checked Dennis Bloom was an expert on these matters of correctional service. Cope needs a launchpad..

]]> By: Maggs Naidu http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24440 Maggs Naidu Mon, 25 Jan 2010 09:37:28 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24440 "Winnie slams possible De Kock pardon Jan 25, 2010 8:09 AM | By Sapa "ANC MP and struggle stalwart Winnie Madikizela-Mandela has criticised the possibility of former Vlakplaas head Eugene de Kock receiving a pardon, according to a newspaper report". http://www.timeslive.co.za/news/article276082.ece “Winnie slams possible De Kock pardon

Jan 25, 2010 8:09 AM | By Sapa

“ANC MP and struggle stalwart Winnie Madikizela-Mandela has criticised the possibility of former Vlakplaas head Eugene de Kock receiving a pardon, according to a newspaper report”.

http://www.timeslive.co.za/news/article276082.ece

]]> By: montana http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24233 montana Wed, 20 Jan 2010 04:35:32 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24233 In Legal Brief, Loammi Wolf points out that Shaik lodged a pardon petition in September 2008 for himself and another in early 2009 for remission of his forfeited assets. Can a pardon restore forfeited assets? If this is possible, a pardon for Shaik must be impossible as the President himself may be a beneficiary. Wolf refers to Shaik funding a wedding for Zuma after Shaik was convicted. http://www.legalbrief.co.za/article.php?story=20100118112232618 In Legal Brief, Loammi Wolf points out that Shaik lodged a pardon petition in September 2008 for himself and another in early 2009 for remission of his forfeited assets. Can a pardon restore forfeited assets? If this is possible, a pardon for Shaik must be impossible as the President himself may be a beneficiary. Wolf refers to Shaik funding a wedding for Zuma after Shaik was convicted.

http://www.legalbrief.co.za/article.php?story=20100118112232618

]]> By: Greg Moran http://constitutionallyspeaking.co.za/a-short-lesson-on-presidential-pardons/#comment-24151 Greg Moran Mon, 18 Jan 2010 14:27:10 +0000 http://constitutionallyspeaking.co.za/?p=1854#comment-24151 Very briefly, the answer lies in the Promotion of Administrative Justice Act (PAJA). In its definition of 'administrative action', the Act specifically excludes certain powers of the executive. The power to pardon criminals given to the President is not on the list of exclusions - thus it IS an administrative action and can be reviewed by the High Court ito PAJA. Even if someone were to successfully argue that PAJA does not apply, the approach taken by Justice Sachs in various cases that all executive and administrative actions must comply with the principle of legality would enable the High Court to review any decision to pardon anyone. Since the backbone of the principle of legality is to be found in Chapter 1 of the Constitution, and since Section 1 requires compliance with the rule of law and with the principle of equality, it would be easy to argue that a decision to pardon Shaik would violate both of these. By the way, it would be just as easy for the DA (or anyone else for that matter) to have the decision to release Shaik on medical parole reviewed using both PAJA and the principle of legality. It is quite clearly a final decision (since the govt refuses to send it to the Appeal body) and quite clearly falls within the scope of PAJA. Why they haven't thought of doing so instead of whining about the decision in some vain hope that their complaints will lead to it being overturned is a question only their lawyers can answer. Very briefly, the answer lies in the Promotion of Administrative Justice Act (PAJA). In its definition of ‘administrative action’, the Act specifically excludes certain powers of the executive. The power to pardon criminals given to the President is not on the list of exclusions – thus it IS an administrative action and can be reviewed by the High Court ito PAJA. Even if someone were to successfully argue that PAJA does not apply, the approach taken by Justice Sachs in various cases that all executive and administrative actions must comply with the principle of legality would enable the High Court to review any decision to pardon anyone. Since the backbone of the principle of legality is to be found in Chapter 1 of the Constitution, and since Section 1 requires compliance with the rule of law and with the principle of equality, it would be easy to argue that a decision to pardon Shaik would violate both of these. By the way, it would be just as easy for the DA (or anyone else for that matter) to have the decision to release Shaik on medical parole reviewed using both PAJA and the principle of legality. It is quite clearly a final decision (since the govt refuses to send it to the Appeal body) and quite clearly falls within the scope of PAJA. Why they haven’t thought of doing so instead of whining about the decision in some vain hope that their complaints will lead to it being overturned is a question only their lawyers can answer.

]]>