Thursday, October 22, 2009

Schabir Shaik applies for a presidential pardon

We've known all along that his medical release on "humanitarian grounds" was bullshit but this is confirmation. The rule of law has been subverted and if this man is pardoned, you have to ask yourself, is there any hope for South Africa? We will have a party of crooks led by a crook surrounded by crooks and sycophants. When the law is applied selectively, that's when the demise of a country is impending.

Since we now know Shaik has formally applied, it is logical to assume that he is well and has survived his brush with the grim reaper. His medical release must be revoked immediately and his arse must be tossed back into jail to finish his sentence.

I cannot believe that this man who was sentenced to 15 years in jail, served some two of it in a hospital under a pally arrangement then was released under blatantly false reasons will get off scot free.

And again, I must ask, where is our lame mainstream media? Why aren't they kicking up a storm about this?

Does Schabir Shaik want to live or die? - Patricia de Lille

The Democratic Alliance (DA) has confirmed that Schabir Shaik has applied for a Presidential Pardon.

The Presidency confirmed to the DA that it had indeed received an application from Mr Shaik, for a Presidential Pardon, on 24 April 2008. The Presidency could not confirm the status of that application.

If President Zuma grants this application it will constitute a decisive step toward the complete corruption of the South African soul.

Schabir Shaik's conviction constituted a rare victory for South Africa justice system in the fight to keep a relentless ruling party, which is determined to bend the rule of law to its own will, at bay.

If his actions are pardoned, it will signify to the South African public that, even when the justice system prevails, its impact is undermined, its ruling negated and its meaning subverted.

Under no circumstances must the President consider this application. He must be open with the South African public and immediately deny that he will grant Mr Shaik application. Not to do so would further speculation and fuel the perception that he is looking on this request favourably.

(A detailed explanation of our correspondence with the Presidency follows below.)

Regulations require that an individual wishing to apply for a Presidential Pardon, must first apply to the Minister of Justice; that application is then forwarded on to the Presidency. This must happen because the Department of Justice is responsible for motivating to the Presidency either in favour or in opposition to the application. It thus appears that the Department of Justice has already considered or is in the process of considering Mr Shaik's application.

The law also states that an applicant must meet certain criteria in order to qualify -- that he must have served a significant part of his sentence, for example, or have shown remorse for his crime. Schabir Shaik has demonstrated none of these things. If anything his sentence was farcical.

Schabir Shaik and those loyal to him in the ANC government have done everything in their power to dilute the effect of his sentence and undermine the impact of the guilty judgment handed down against him. For Shaik to be pardoned, would be a travesty of justice, and would further highlight the ANC government's utter disrespect for the constitutional principle of the rule of law.


Time of Call

Who was phoned

What was said


Switchboard. No answer.

09h25 - call dropped


Office of the Spokesperson to the President.

09h27 - answered by spokespersons office - call transferred. Answered by Legal Services - when asked whether Shaik had applied for a pardon, there was silence... followed by a "not sure". Call was then transferred. 09h28 - call answered, the official would not say which department. The question was re-asked and the official said they would "transfer you to someone who can check on the database". 09h30 - we were asked to give details so that they could refer the question to the Communications department. When we asked for Communications department details, the official said that they would transfer the call. 09h31 - transferred back to presidency switchboard who then said they would transfer me to the relevant person. Line rang from 09h31 to 09h33 when the call was cut off.


Office of the Deputy Director General: Private Office of the President

Answered, but put on hold. 09h34 - call was answered by a person at switchboard. 09h35 - a person from Legal Services answered, and said they did not know if Shaik had applied for a pardon - they said she would transfer me to another person. 09h35 - put on hold again. 09h36 - was put through to the relevant official's voicemail.


Private Secretary's Office

An official answered and transferred the call. 09h37 - official in the President's Private Secretary's Office answered and said that they were "not sure" and that they would check. Put on hold. 09h38 - the official confirmed that Shaik "did apply". We then asked when the application was received and the official replied: "24 April 2008". They also said that the Presidency was unsure of the status of the application, that the person had just looked on the database.

(Names of officials that we spoke to have not been included for confidentiality reasons)

Statement issued by James Selfe, MP, Democratic Alliance shadow minister of correctional services.

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