Shaik: Govt 'hiding something'

2009-10-19 12:46
Cape Town - The DA on Monday accused Justice and Constitutional Development Minister Jeff Radebe of being "disingenuous" and "misleading" in his reply to a parliamentary question on a presidential pardon for Schabir Shaik.

In reply to a question by DA MP James Selfe, whether or not Shaik had applied for a presidential pardon, Radebe responded by saying the question should be referred to the presidency.

"...the presidency, has the constitutional power whether or not to grant a pardon and the arrangement, determination and control of the processes attendant upon the discharge lies with the President of the Republic of South Africa and not the Minister," Radebe said in his reply.

In a statement, Selfe said the DA would do so.

"But the minister's response is disingenuous and is shown up as such by his response to a similar question from the Inkatha Freedom Party."

In reply to the IFP question, asking whether the same department had received similar applications from two other individuals, Radebe stated his department had indeed received the applications and that "all the applications, including the ones under question, were processed and are currently in the Office of the President".

Something to hide

Selfe asked why Radebe was willing to answer that question but unable to confirm, one way or the other, if Shaik had applied.

"The disparity between the two responses suggests the minister is either ignorant as to the nature of the process of applying for a presidential pardon, or has something to hide.

"In other words, Mr Shaik has indeed applied and the department is doing what it can to keep the matter off the public record.

"And the only reason it would do that, is because it is considering granting the pardon, which would be unconscionable," Selfe said.

The process of applying for a presidential pardon required an individual to first apply to the justice minister, before that application was then forwarded onto the presidency.

This had to happen because the justice department was responsible for motivating to the presidency either in favour of or in opposition to the application.

In 2001 Allan Boesak applied for a presidential pardon. His application was rejected at the first hurdle, by the justice department.

Quite clearly the department was central to the process concerning presidential pardons and was now being inconsistent.


"In other words, for the minister to suggest that any queries in this regard should be directed to the presidency is entirely misleading and begs the question, if Mr Shaik hasn't applied, why didn't the minister just say so? What has he got to hide?"

Schabir Shaik and those loyal to him in the ANC government had done everything in their power to dilute the effect of his sentence and undermine the impact of the guilty judgment handed down against him, he said.

"It is perfectly conceivable that - indeed one might say it is just a matter of time - before Schabir Shaik applies for a pardon.

"Worse still, and given the ANC's attitude to this matter up to this point, perfectly possible that the Department of Justice recommends and the president accepts that Schabir Shaik be pardoned.

"If that happens, the farce that has been his punishment will be complete and the South African public will have to watch on as the ANC subverts the justice system to its own will.

"As soon as the presidency responds to our question, we will make that answer and its implications known," Selfe said.

Read more on:    da  |  anc  |  schabir shaik  |  james selfe  |  politics

Read News24’s Comments Policy


Inside News24


3 must-do trail runs

If you love trail running, you have to put these on your bucket list.


Where were you when you last felt alive?

Tips for paddling your first Dusi
Climbing the world’s largest stone arch
Awesome extreme sports people
Watch: 2015 Absa Cape Epic route

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

One day only! – 40% off Appliances!

Get 40% off 100’s of appliances at While stocks last. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R1000 on Hisense smartphones!

View the large range of Hisense smartphones. Buy today and save up to R1000!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25


You may prefer to be in charge because then you can call the shots. You are not as flexible as you like to make out to be and more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.