The Office of the ANC Chief Whip has taken note of the media reports pertaining to a private Member's Bill, drafted by the Democratic Alliance MP regarding the President's powers to pardon offenders (see here).

Section 84 of the Constitution of the Republic lists a number of powers and functions of the President, amongst which, is "pardoning or reprieving offenders". Various sections of the Constitution are replete with instances where the Constitution directs that legislation be enacted to give effect to the clause. There is nowhere in the Constitution where it is stipulated that such a proposed piece of legislation must be enacted in order to give effect to the Section 84(j), which deals with the President's prerogative to grant pardons or reprieve to offenders.

The proposed Bill by the Democratic Alliance is not born out of any legal or factual basis and is tantamount to seeking to amend the Constitution. The proposed Bill is therefore either a product of poor legal advice or the work of an ignorant, publicity-starved MP.

Any Bill that seeks to undermine the President and the Constitution as the supreme law of the Republic through cheap publicity stunts is not worthy of serious engagement. The Parliamentary Caucus will therefore reject the proposed Bill.

Statement issued by The Office of the ANC Chief Whip, ANC Parliamentary Caucus, January 14 2010

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