Presidential Pardon South Africa

At the outset I wish to inform you that, in terms of section 84(2)(i) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the President is responsible for pardoning or reprieving the offender. However, applications in this regard are processed by my Department and each case is considered on its merit. The pardon process is a very long process that takes years to finalise. In order to enable me to attend to the application, it would be appreciated if you could provide me with the following information: 

• Complete and sign the attached application form because the one you have completed is an old format and it is no longer applicable.
• Details of your current personal circumstances (family, children, etc.) as well as your current employment (what work do you do to survive – even odd/ temporary work). Also provide details of your employment record for the past 10 years (even odd/ temporary work). You have to prove to the President that your conviction is exceptionally harmful for you. Therefore, please explain your current reasons for requesting a pardon, with specific reference to the present detrimental/ negative effects of your conviction (Why the conviction still harm you).
• The President requires documentary proof from employers/ and other institutions, etc. declining your applications for employment if you are unable to secure employment or experience any problem(s) regarding your employment, due to your criminal record.
• Provide reasons why in your opinion, it will not only be in your own interest but also in the public interest (welfare) to grant you a pardon.
• An affidavit from the victim of the offence stating that he/ she forgave you for the offence stating that he/ she forgave you for the offence and/ or that he/ she has no objection against the President granting you a pardon for the offence.
• Provide two recent testimonials regarding your character from persons in authority or high standing in society (community leader, employer, church), indicating specifically that you have been rehabilitated since your conviction and release from prison. (The testimonials must therefore be obtained from persons who know about your conviction and who can state in his/ her statement that they know about your conviction and that you have been rehabilitated since your conviction and release from prison. Please ensure that persons making the testimonial state in what capacity they are making the statement.
• A clearance certificate obtained from the Criminal Record Centre of the South African Police Service.
• Further motivation, with specific reference to the present negative effects of your conviction on your life, employment, etc. In this regard I have to point out that the President is under no obligation to grant you a pardon and that you will have to convince the President that there are exceptional circumstances in your matter that warrant a pardon.
• A complete description of the circumstances surrounding your conviction with specific reference to the events that occurred/ what happened during the commission of the offence. (Explain where/ how/ why the offence was committed, how were you arrested, etc.).
• A certified copy of the first page of your identity document.

 REQUEST FOR PRESIDENTIAL PARDON TO EXPUNGE A CRIMINAL CONVICTION GENERAL INFORMATION: 

• The President grants a pardon. This power of the President is only exercised in highly exceptional circumstances.
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• NB: IT IS IMPORTANT TO NOTE THAT YOU WILL HAVE TO CONVINCE THE PRESIDENT THAT IT IS NOT ONLY IN YOUR OWN INTEREST, BUT IN THE PUBLIC INTEREST (WELFARE) TO GRANT YOU A PARDON.
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• Officials of the Department of Justice and Constitutional Development consider and investigate requests for pardon and the President is then informed and advised with regard to the request. Your completion and submittal of this form are deemed to be your irrevocable permission to disclose the information contained in this form, or discovered during the investigation of the matter, to third parties.
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• To pardon a person is to forgive a person for his/ her wrongful deeds. Pardon is therefore not recommended in matters where applicants maintain their innocence as the pardon process is not an appeal procedure to determine the legality of a conviction. Other legal remedies are available in such matters.
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• Section 271B of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (The Act), provides for certain minor convictions to be expunged after the expiry of 10 years and only for other more serious convictions which do not qualify for expungement in terms of section 271B.
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• Before submitting a request for pardon, a clearance certificate must be obtained from the Criminal Record Centre of the South African Police Service. Officers at your nearest Police station will assist you in this regard. The clearance certificate must be attached to this form.  
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• An affidavit from the victim(s) of the offence(s) (the person(s)/ institution(s) against whom the offence(s) was/ were committed) stating that he/ she/ it forgave you for the offence(s) and/ or that he/ she/ it has no objection against the President granting you a pardon for the offence(s), ought to be obtained if possible and attached to this form. If you are unable to obtain such an affidavit, reasons must be provided (page 10), because such an affidavit may in most cases be the most important factor to convince the President that it will be in the public interest to grant you a pardon.
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• Documentary proof of the particular facts must be attached to this request if the purpose of the pardon is one of the following:
• You are unable to secure employment or experience any problem(s) regarding your employment, due to your criminal record. (as you are probably aware, there are thousands of unemployed South African citizens who do not have criminal records and who are struggling to obtain employment, despite the fact that they have clean records. In the light thereof, you will have to convince the President that there are exceptional circumstances in your matter which warrant a pardon for employment purposes);
• You need to apply for a visum to enable you to travel for official purposes, or to enable you to travel for personal purposes (for example, sick family member overseas, to visit family, etc.); or
• You have to comply with the prerequisite of a clean criminal record in terms of specific legislation (for example, to be appointed as a Director in a company, etc.).

 REQUEST FOR PARDON INVOLVING A SEXUAL OFFENCE: 

• In terms of section 271B 1(b) of the Act, a person who has been convicted of a sexual offence against a child or a person who is mentally disabled and whose name has been included in the Register for Sex Offenders (hereinafter referred to as the Register), does not qualify to have the criminal record expunged, unless his or her name has been removed from the Register.
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• Therefore, with a request for pardon of a sexual offence /s, a certificate stating whether or not your particulars are recorded in the Register for Sex Offenders should be obtained from the Registrar of the Register in terms of section 44 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007). The contact details of the Registrar are The Registrar: National Register for Sex Offenders, Department of Justice and Constitutional Development, Private Bag X 81, Pretoria, 0001, telephone number 012 315 1656.
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• Please note that your application to the Registrar may result in your particulars being included in the Register if they are not already included.
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• Your request for pardon of your conviction for the sexual offence/s will only be considered if the proof from the Registrar that your particulars have not been removed from the Register, is attached to your request.