Chairperson, I
have been informed by the Department of Justice and Constitutional
Development that there has been a demand by the students for a blanket amnesty for students arrested and prosecuted because of the fees must fall protests.
The students were informed by my predecessor that there are no provisions in law which provide for general blanket amnesty in such cases. There are two processes available in law at present, namely: to apply for a presidential pardon which is a presidential constitutional power in terms of section 84(2) (j) of the Constitution of the Republic of South Africa if a custodial sentence has been served or to apply for an expandgement of a criminal record in terms of section 276 (I) of the Criminal Procedure Act of 1977 as amended if a non custodial sentence was imposed on the offender.
I am further informed that there has been an agreement between my predecessor, Minister Masutha, the Director General of the Department of Justice and Constitutional Development and the student leaders concerned that the list of all such students will be collated and submitted to the Department of Justice and Constitutional Development. The department will then assist the relevant students to complete the relevant forms concerned.
Since the offer was made, to date the Department of Justice and Constitutional Development has not received such a list from the student leaders, neither such a request nor indeed any relevant application for a presidential pardon, or any application expungement of a criminal record. The last mentioned applications are considered by the Director General of the Department of Justice and Constitutional Development meaning expungement of criminal records. The offer by the department to assist the relevant students still stands. The hands of the department are tied if we do not receive any applications. Thank you