The Constitution makes petitioning the executive a right. Section 25 Subsection (1)(f) states that, “every person shall have the right and freedom to petition the Executive for redress of grievances and to resort to the courts for the protection of his or her rights.”
Hence petitioning the President is a constitutional right. Taking court action is a constitutional right. A letter addressed to the President which is not copied to the public should be a confidential matter and should not lead to criminal prosecution.
Many people have found themselves in detention or later charged for giving false information for petitioning the executive.
Prerogative of mercy and executive oversight are exercised
by presidents to redress or prevent miscarriage of justice or reduce excessive punishment.
This is an oversight role which must not be quashed by fear.