DA PROPOSES BILL TO REGULATE PRESIDENTIAL PARDONS

UNCLAS CAPE TOWN 000020

SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM SF
SUBJECT: DA PROPOSES BILL TO REGULATE PRESIDENTIAL PARDONS


1. (U) On January 13, 2010 the Democratic Alliance (DA) unveiled
its Private Members Bill on Presidential Pardons which it will
submit to the Speaker. The Bill aims to prescribe a set of
requirements to which the President must adhere when exercising his
right to pardon a South African citizen, thereby ensuring executive
accountability. (FYI: Private Member's Bills, particularly from
opposition parties, almost never end up being enacted into law.
They do, however, allow the opposition an opportunity to force a
debate on an issue. End FYI.)

2. (U) James Selfe, the DA's Shadow Minister for Correctional
Services, stated that, although Section 84 of the Constitution
bestows upon the President the power to grant pardons, he normally
follows guidelines set out by the Department of Justice in doing so,
though he is under no obligation to follow these guidelines. The
DA, therefore, proposed that the guidelines be made mandatory and
that the power to pardon should be exercised sparingly, in
exceptional circumstances and then only to correct a wrongful or
excessive sentence after consultation with the victims.

3. (U) The Bill comes amid speculation that Zuma is considering
pardoning one time financial advisor and convicted fraudster Schabir
Shaik, former SA Police Force Colonel and state sanctioned
apartheid-era murderer Eugene de Kock and Chris Hani assassin Janusz
Walusz.

4. (U) Shaik's conviction and 15-year sentence were hailed as a
victory for the rule of law in a justice system that was
increasingly perceived to be under pressure from the ruling party.
However, in 2009 Shaik was granted medical parole after serving only
twenty eight months of his sentence and sparked much debate this
year when it was learned that he has applied for a presidential
pardon.

5. (SBU) Comment: Word of the application has again fueled press
speculation that Zuma made a political arrangement with Shaik to
ensure the latter's silence and clear the way for Zuma to become
president, with the tacit understanding of a presidential pardon
further down the line. Press commentators have branded hints about
pardoning De Kock, who has served 14 years of a 212-year-sentence
for apartheid era atrocities, as a political trade-off to divert
attention from Shaik's pardon. James Selfe told PolAssist that
granting either Shaik or de Kock a pardon would undermine the rule
of law and equality before the law. A survey conducted by
Independent News & Media suggests that Zuma would damage his current
high approval rating if he pardoned Shaik (85% of its readers said
no to pardoning Shaik while only 15% were in favor). It remains to
be seen whether public opinion will be the deciding factor in Zuma's
decision. End Comment