Hon Speaker, as the hon Van der Merwe correctly stated, section 84(2)(j) of the Constitution of the Republic of South Africa states that the President is responsible for "pardoning or reprieving offenders and remitting any fines, penalties or forfeitures".
This is a power that has its origins in the prerogative powers of the English monarch, but those powers are exercised by the presidents of many countries, for example the United States of America, the Russian Federation, France, Italy and Ireland.
As the hon Van der Merwe is aware, this is a power exercised by the President as head of state and not as head of the executive. The Constitutional Court has held that this is a power that flows directly from the Constitution itself and, unlike the other powers of the President "they do not derive their authority from and are not dependent on legislative enactments".
The Constitutional Court has also found that the pardoning power "is not a private act of grace" in the sense that the pardoning power in a monarchy may be.
The court held that -
It is a recognition ... that a power should be granted to the President to determine when in his view the public welfare will be better served by granting a remission of sentence or some other form of pardon.
Lastly, whilst this power is not constrained by any legislation, the Constitutional Court has made it clear that any conduct by the President in exercising his or her pardoning powers that undermines any provision of the Constitution is reviewable.
With regard to the applications that the hon Van der Merwe has referred to, I considered each application individually, on its merits.
I took into account all the information and documentation supplied by each of the applicants, many of whom were represented by the hon Van der Merwe's law firm.
I also considered all other relevant factors and information, including advice and recommendations from my advisers and other relevant officials.
I concluded that 230 of the applications for pardons should not be granted. I do not at this stage intend to supply reasons for my decisions. I shall do so at a later stage, should it become necessary.
I will consider the remaining 154 applications at the same time that I work on the applications considered by the Multiparty Reference Group set up by former President Mbeki. I thank you, hon Speaker. [Applause.]