The Impact of the Presidential Pardons

The Impact of the Presidential Pardons on the Crime Rate, The Community and the Truth and Reconciliation Commission Process

Dr KRJ Meshoe MP

Wednesday, 14 August 2002

In Parliament today African Christian Democratic Party Leader Dr. Kenneth Meshoe gave the following speech during a debate on the Impact of the Presidential Pardons on the Crime Rate, The Community and the Truth and Reconciliation Commission Process:


Madam Speaker

In an interview published in the Sunday Independent on the 19th May 2002, former TRC head Archbishop Desmond Tutu complained that the “unfortunate” pardons granted by President Thabo Mbeki would “undermine the work of the TRC”.

An international human rights organisation, “Human Rights Watch”, said of the TRC process that, “repeated amnesties will reinforce the culture of impunity which is one of the most serious obstacles to achieving an end to violence today.”

This means that the impact of presidential pardons on the crime rate, the community and the Truth and Reconciliation Commission process is very negative.

Yet, the President has gone against their advice and has given pardon to people whose appearances before the TRC did not qualify them for amnesty. The President did this without making the public aware of their background or the crimes that they committed. He also did not shed any light on what criteria was used in selecting these specific criminals and why they, who were denied amnesty in the first place, were favoured above victims who are still awaiting reparations.

The ACDP believes that family members of victims of crime must have an important say in the pardoning of any criminal. Their feelings and rights have to be given priority whenever such considerations are taking place. If they approve such pardoning, the process may be taken forward, but if they oppose such pardons, then their wish must be respected by turning down the request and recommendation of anyone to be pardoned.

We in the ACDP believe that anyone found guilty of crimes such as murder, rape, armed robbery and hijacking should not receive any presidential pardons. Obviously, this excludes those who murdered while defending themselves or members of their family.

Let me conclude by reminding the honourable President that it is wrong to pardon anyone against the wishes of those they have wronged. Victims and their families and not members of government feel the pain and trauma that resulted from crime. In a country where levels of crime are so high, government, especially the President, must show concern about the suffering experienced by all victims, and then find ways of saying to them, “I care about you. I care about your pain, loss and wellbeing. Thus, I will not add to your pain and suffering by releasing from prison those who caused you pain in the first place.

This country needs leaders who care for the wellbeing and security of its citizens; who commend those who do right and punish those who do wrong. Let no criminal be rewarded even with an early release at the expense of victims of crime.


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For further comment please call Dr Kenneth Meshoe at (021) 403 3521 or ACDP Media Liaison Liza Bloemetje at 082 478 1037