JOHANNESBURG - The ANC will not discuss presidential pardons with President Jacob Zuma or try to influence him in any way.
That was the message from ANC spokesman Jackson Mthembu.
“Many issues are the President’s prerogatives. We try to separate these matters from any ANC discussions so that we don’t influence the President on any matter as the ANC,” he said.
Yesterday the Rapport newspaper reported that new legal grounds were considered for the release of Eugene de Kock and Schabir Shaik.
It has been claimed that De Kock, an apartheid-era killer dubbed “Prime Evil”, was in line to be pardoned for his crimes, as an exchange that will also grant a pardon to Zuma’s former financial benefactor, Shaik.
The newspaper quoted an anonymous ANC source as saying that “selective prosecution” would be cited as grounds for pardon.
According to this principle, it is unfair that the individuals were convicted alone even though they acted with accomplices, and they should therefore be released.
It was further claimed that not everyone in the ANC was happy with the potential pardons.
Mthembu denied that behind-the-scenes discussions were being held.
“It would be inappropriate for any ANC leader or person to discuss the prerogative of the President.”
But the newspaper quoted constitutional expert Professor Pierre de Vos as saying that the “selective prosecutions” argument was weak.
“It is completely true that there was selective prosecution, but that means the alleged accomplices also have to be prosecuted - not that everyone should be freed,” he said.
“In this case the answer is to prosecute President Zuma (in Shaik’s case) and De Kock’s commanding officers.”
National Prosecuting Authority spokesman Mthunzi Mhaga said he was not aware that the issue had been discussed.
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