President Cyril Ramaphosa says he would be undermining the constitution if he grants amnesty to fees must fall activists.
There have been mounting calls for him to pardon students convicted for crimes during the protests.
Student activist Bonginkosi Khanyile is staging a sleep-in at the Union Buildings.
The 28-year-old was found guilty of public violence and for being in possession of a slingshot during the uprisings.
He and his mother said they will wait outside the President’s office until he grants him and other students a Presidential pardon.
“If this is the land that we were told is for freedom they must release our children… they must release our children,” said Khanyile’s mother, Phumzile Khathini.
“Anyone who conducted violence in behalf of fees must fall it was only a reaction but young people in their nature in SA are not violent individuals even today I’m a convicted person and I believe I’m an innocent man,” said Khanyile.
He was convicted of public violence, trespassing and hijacking a bus during the fees riots in Pretoria.
This student activist is under house arrest and wants a clean start.
Presidential spokesperson, Khuselo Diko said: “They are calling on the President to almost overturn the independence of the NPA when it comes to who can and who should not be prosecuted this the president will not be in a possession to do and therefore he cannot decree a blanket amnesty.”
Diko said granting a Presidential pardon is not that simple.
“The Dept of Justice we’ve called on them to engage with students and all other stakeholders to explain how a presidential pardon is granted, this includes among others an application to the Department of Justice to respond to guideline amongst those if the institution of person the offense was committed should not object to president granting a presidential pardon,” added Diko.
Khanyile is set to be sentenced for his crimes in October.