n Annual Survey of South African Law - Constitutional law
|Article Title||Constitutional law|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 Johannesburg Bar and 2 Legal Resources Centre|
|Publication Date||Jan 2010|
|Pages||187 - 250|
In 2003, Mqabukeni Chonco and 383 other members of the Inkhata Freedom Party (IFP) who had been imprisoned for what they alleged were political crimes applied to the President for pardons in terms of section 84(2)(j) of the Constitution of the Republic of South Africa, 1996. Six years later, despite numerous requests, speeches by IFP officials in and out of Parliament, and a complaint to the South African Human Rights Commission, the President had not taken a decision. In 2005, the President stated that he had urged the Minister of Justice and Constitutional Development to speed up the processing of the applications. Believing that the problem lay with the Minister, Chonco and the other prisoners applied to the High Court for an order forcing the Minister to process the applications so that the President could take a decision.
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