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Viewing cable 10CAPETOWN20, DA PROPOSES BILL TO REGULATE PRESIDENTIAL PARDONS

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Reference ID Created Released Classification Origin
10CAPETOWN20 2010-01-25 13:34 2011-08-24 01:00 UNCLASSIFIED Consulate Cape Town
VZCZCXRO6913
PP RUEHDU RUEHJO
DE RUEHTN #0020 0251334
ZNR UUUUU ZZH
P 251334Z JAN 10
FM AMCONSUL CAPE TOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 3266
INFO RUEHSA/AMEMBASSY PRETORIA 6565
RUEHJO/AMCONSUL JOHANNESBURG 2211
RUEHDU/AMCONSUL DURBAN 3354
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