On 21 May 2003 Mr A J Leon, MP, briefed the Standing Committee on Private Members' Legislative Proposals and Special Petitions (the Committee), on the provisions of his proposed Pardon Investigation Procedure Bill. During tat meeting the Committee requested my Department to:

(c) provide the Committee with statistics relating to the number of offenders that have-

(i) applied for pardon since the inauguration of the current President; and

(ii) received pardon from the current President.

A document containing the required information is attached for your information.

The principles contained in the proposed legislation have again been discussed with the Minister for Justice and Constitutional Development (the Minister). He expressed the view that those principles need not be formalized by way of legislation. The Minister also pointed out that the President has a wide and unfettered discretion in respect of the granting of pardon and that it is his prerogative to consult with any interested party before he grants a pardon.

In accordance with a practice that has developed over years, the President is advised by the Minister of Justice being an established entity, on the merits of an application for and the desirability of granting, a pardon. By virtue thereof the Minister has the power to consult with any interested party with the view of making an informed recommendation to the President.

If a specific mechanism is to be established for purposes of advising the President on matters of this nature! as is the case in some foreign countries, it would, according to the Minister, boil down to a duplication of the functions presently being performed by the Department It would also result in additional financial implications for the State. The majority of applications for pardon are forwarded to me Department of Justice and Constitutional Development directly. All these applications are considered by the Department in accordance with an established policy which was developed in consultation with the President's Office. The policy merely constitutes a framework of guidelines to be used within the administrative process. They of course do not bind the President since he has, as indicated above, an unfettered discretion. Consequently, the Minister is of the opinion that the procedure followed by the Department in considering applications for pardon for purposes of advising the President is largely in line with that followed in many foreign countries.

With kind regards