A PRISONER who has already served 19 years in jail was yesterday refused an application for a presidential pardon - because his case was not urgent.
Paulus Mokhali, 46, an inmate at Leeukop Medium C, lodged an urgent application against President Jacob Zuma, ANC general secretary Gwede Mantashe, the party's national chairwoman Baleka Mbethe and Minister of Justice Jeff Radebe asking to be released on presidential pardon.
Mokhali, an ANC member since 1988, was sentenced to death in September 1994 after being convicted of killing two Springbok patrol guards during fighting between ANC and Inkatha Freedom Party members - crimes he claims were politically motivated.
In the application, heard in the Johannesburg High Court, he also requested clarity on why his death sentence was converted to a life sentence.
His application for amnesty before the Truth and Reconciliation Commission was rejected in 1996.
His death sentence was later commuted to a life sentence.
Representing himself yesterday before Judge Phillip Coppin, Mokhali wanted to know why the respondents had failed to file their answering affidavits.
But Judge Coppin told Mokhali he could not hear the matter yesterday because it was not urgent.
Judge Coppin advised Mokhali to enrol his case on the normal court roll.
"Yours is a difficult issue that needs to be argued in a normal court," the judge said.
Mokhali said in court papers: "The conversion of my death sentence to a life sentence was concluded through procedures contrary to those I, as a death serving inmate, was informed of, and as such concluded in a manner totally unsatisfactory to me."
He added: "As much as they are entitled to freedom in a democratically elected South Africa, so am I as I am one of the individuals who had formed the basis, the foundation on which this democracy stands, that is my sweat and blood and that of my fellow comrades whose lives were laid to rest, while most of us are left to rot in prison without a soul that cares."
Mokhali also wanted to know why the ANC had failed since 2001 to respond to his letters and submissions.
He also wants the court to order Zuma, Mantashe, Mbethe and Radebe to provide him with adequate responses to all communication submitted to them.
In addition, he has asked the court to direct the respondents to consider his application for a presidential pardon and set aside his incarceration.
"I despair and I am disenchanted with the respondents not properly performing their duties as expected," said Mokhali.
Former magistrate turned advocate Naomi Manaka, representing the Department of Justice and the ANC, argued for the matter to be struck off the roll because it was not urgent.
ANC killer seeks pardon
A PRISONER who has already served 19 years in jail was yesterday refused an application for a presidential pardon - because his case was not urgent.
Paulus Mokhali, 46, an inmate at Leeukop Medium C, lodged an urgent application against President Jacob Zuma, ANC general secretary Gwede Mantashe, the party's national chairwoman Baleka Mbethe and Minister of Justice Jeff Radebe asking to be released on presidential pardon.
Mokhali, an ANC member since 1988, was sentenced to death in September 1994 after being convicted of killing two Springbok patrol guards during fighting between ANC and Inkatha Freedom Party members - crimes he claims were politically motivated.
In the application, heard in the Johannesburg High Court, he also requested clarity on why his death sentence was converted to a life sentence.
His application for amnesty before the Truth and Reconciliation Commission was rejected in 1996.
His death sentence was later commuted to a life sentence.
Representing himself yesterday before Judge Phillip Coppin, Mokhali wanted to know why the respondents had failed to file their answering affidavits.
But Judge Coppin told Mokhali he could not hear the matter yesterday because it was not urgent.
Judge Coppin advised Mokhali to enrol his case on the normal court roll.
"Yours is a difficult issue that needs to be argued in a normal court," the judge said.
Mokhali said in court papers: "The conversion of my death sentence to a life sentence was concluded through procedures contrary to those I, as a death serving inmate, was informed of, and as such concluded in a manner totally unsatisfactory to me."
He added: "As much as they are entitled to freedom in a democratically elected South Africa, so am I as I am one of the individuals who had formed the basis, the foundation on which this democracy stands, that is my sweat and blood and that of my fellow comrades whose lives were laid to rest, while most of us are left to rot in prison without a soul that cares."
Mokhali also wanted to know why the ANC had failed since 2001 to respond to his letters and submissions.
He also wants the court to order Zuma, Mantashe, Mbethe and Radebe to provide him with adequate responses to all communication submitted to them.
In addition, he has asked the court to direct the respondents to consider his application for a presidential pardon and set aside his incarceration.
"I despair and I am disenchanted with the respondents not properly performing their duties as expected," said Mokhali.
Former magistrate turned advocate Naomi Manaka, representing the Department of Justice and the ANC, argued for the matter to be struck off the roll because it was not urgent.
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