Boesak: 'Mbeki abused powers'
2005-01-21 17:54
Johannesburg - Democratic Alliance leader Tony Leon has accused President Thabo Mbeki of abusing his powers and failing to follow constitutionally set guidelines in granting former anti-apartheid cleric Allan Boesak, a presidential pardon.
In his weekly letter, "Some are more equal than others", published in the DA newsletter, South Africa Today, on Friday, Leon said Mbeki owed the country an explanation as to why he had pardoned Boesak.
The cleric was found guilty of theft and fraud by the Cape High Court in March 1999 and the Supreme Court of Appeal in May 2000.
Leon said: "The department of justice and the presidency established a set of guidelines for presidential pardons that suggest strict criteria.
"These include, for example, the criterion that a reasonable period - defined as 10 years or more - should have lapsed since the conviction.
"The guidelines allow that there may be special circumstances lending themselves to the granting of a pardon, but President Mbeki has not made clear what special circumstances apply to Dr Boesak today that did not apply in 2001."
'Short-term political reasons'
He said by not making his reasons publicly known, Mbeki was fuelling speculation that Boesak was pardoned for short-term political reasons.
"Perhaps (it was) to ensure party unity in the fractious Western Cape ahead of the local government elections."
Leon said this was not the first time Mbeki had faced serious questions about his use of presidential pardons.
He referred to the presidential pardon Mbeki granted convicted murderer and TRC amnesty applicant Dumisani Ncamazana.
Ncamazana was found guilty of killing Eastern Cape storekeeper Martin Whitaker after leaving prison.
"In 2001, when outgoing United States president Bill Clinton pardoned billionaire fugitive Marc Rich on his last night in office, his decision was widely viewed as an abuse of power.
"To his credit, however, President Clinton tried to explain his reasoning to the American people when he wrote an extensive op-ed article in the New York Times outlining the reason he felt a pardon was appropriate.
"He acknowledged that he had made some procedural mistakes," wrote Leon.
- SAPA