SALIPSWU throw its weight and support fully behind the nationwide call for the immediate release on Presidential Pardon of Khanya Cekeshe, who is currently serving five (5) years in Leeuwkop Prison for torching a police van during the violence of the #FeesMustFall Protest., and Bonginkosi Khanyile, who has been found guilty and is to hear his fate in Oct. 2018, including Mcebo Dlamini, whose case was postponed due to him arriving late at court during his last appearance last week, says: Cde. Thobile Ntola Secretary – General of SALIPSWU.
In the matter of imprisoned Khanya Cekeshe the President can activate Section 82 of the Correctional Services Act 111-1998 – “Powers of the President – (1) despite any provision to the contrary, the President may-
(a) At any time authorize the placement on Correctional Supervision on Parole of any sentenced Prisoner/s subject to such conditions as may be recommended by the Correctional Supervision and Parole Board under whose jurisdiction such Prisoner may fall or, in the case of a Prisoner serving a Life sentence, by the court, and
(b) Remit any part of a Prisoner’s sentence.
(c) Nothing in this Act affects the power of the President to Parole or reprieve offenders
In cases of both Bonginkosi Khanyile and Mcebo Dlamini, the President can in according Chapter 5 of the Bill of Rights Sec. 84 (2) (j) – Pardoning or reprieving offenders and remitting any fines, penalties or forfeitures, says Cde. Thobile Ntola, Secretary – General of SALIPSWU
The Constitutional Right to peacefully protest against the fee increase cannot be interpreted as criminal and hooliganism. The right to Assembly, Demonstration, Picket and Petition and the Freedom of Association, and of Expression is insurmountable and is an instrument that was supposed to protect activist against the unnecessary excessive force ignited by the Police that provoked the violence that followed.
Wits Amnesty International says: “”If university education is restricted to the wealthy elite, then universities will fail in their duty to redress South Africa’s historical injustices and address the staggering wealth inequality. It is unacceptable for our education system to only serve a privileged minority of society. We therefore denounce the fee hike. We express our support to the #FeesMustFall movement as one that aims to achieve social justice and defends the right to education”.
“Everyone has the right to further education which the state, through reasonable measures, must make progressively available and accessible, and not the other way around, which because of the apatite and greed, born out of naked Capitalism, this noble struggle and revolutionary activist are criminalized and imprisoned.”
Instead of making education progressively available and accessible, the decision to increase fees is reducing the access to higher education. We believe the government and university administrations around the country are failing in their duty the many affected students.
Students have the right to peacefully protest against the fee increase being proposed by their respective colleges. The right to freedom of assembly, freedom of association, and freedom of expression protects the rights of protestors. We commend all the brave students and others who are exercising their right to legitimately protest. We urge students and other activists to continue in the tradition of peaceful protest and appeal to the student leadership to ensure that protests remain peaceful.
SALIPSWU also call on the Higher Education Minister Naledi Pando and the Minister of Basic Education Angie Motshekga to call President Cyril Ramaphosa and encourage the President to do the right thing, before Unions and other civil society formations, get better ideas that might expose and embarrass the already wounded ANC – Led Government.