khulumani-header-transparentkhulumani-color-logo-transparent

  • Written by  www.citizen.co.za
  • Published in In the News
  • Read 1608 times

Court told of victim participation in pardons

Adv Geoff BudlenderThe consideration of presidential pardons to persons convicted of politically motivated apartheid-era crimes without any input from victims was an affront to the human dignity of victims, their families and society as a whole, the Pretoria High Court has heard.

Advocate Geoff Budlender SC, representing a coalition of victim and civil society organisations, yesterday argued that the court should “freeze” the pardon process until the final outcome of an application to determine if victims should have a say in the process.

The applicants, including the Centre for the Study of Violence and Reconciliation and the Khulumani Support Group, maintain that the special pardons process amounted to an impermissible rerun of the Truth and Reconciliation Commission's (TRC) amnesty process, violated the rule of law and infringed on the constitutional rights of victims, including their right to dignity and equal treatment.

Former Civil Co-Operation Bureau hitman Ferdi Barnard, a number of top former apartheid government officials, several AWB members and former PAC armed wing commander Letlapa Mphalele are among the 2 114 who have applied for pardons.

Budlender submitted that the decision-making process was fundamentally flawed because, unlike the TRC amnesty process, it operated under a blanket of secrecy and did not give victims an opportunity to make representations to the President.

Counsel for the President and Minister of Justice, Adv Marumo Moerane SC, argued that both the High Court and the Supreme Court of Appeal had ordered that pardon applications should be dealt with without delay.

Subscribe to our newsletter

 

Find us on Twitter @KhulumaniAfrica

Khulumani (KSG)
Tue Dec 04 06:56:00 +0000 2018

[Conversation Issue] Kanga and Khwezi: Kwezilomso Mbandazayo challenges the memorialisation of Fezekile Ntsukela Ku… https://t.co/137Ln17Ba0
Khulumani (KSG)
Fri Nov 30 06:57:14 +0000 2018

Khulumani Mamelodi Makes a Stand against Gender-Based Violence outside the Pretoria Magistrate’s Court yesterday, 2… https://t.co/LGseEsxb0D
Khulumani (KSG)
Thu Nov 29 16:58:36 +0000 2018

Media briefing by Ex-Political Prisoners Association today (Thursday 29 Nov) “EX-POLITICAL PRISONERS WILL OCCUPY RO… https://t.co/Lq5mmXWur2
Khulumani (KSG)
Tue Nov 27 10:21:58 +0000 2018

Descendants of Indian indentured labourers have asked police to open an inquest into the murder of Selvan Guruvadu… https://t.co/HCwN5rOjgi

Follow us on Facebook