Chonco and Others v Minister of Justice and Constitutional Development and Another (21224/2007) [2008] ZAGPHC 35; 2008 (2) SACR 39 (T); 2008 (4) SA 478 (T) (11 February 2008)

Chonco and Others v Minister of Justice and Constitutional Development and Another (21224/2007) [2008] ZAGPHC 35; 2008 (2) SACR 39 (T); 2008 (4) SA 478 (T) (11 February 2008)

The court found that the Minister of Justice and Constitutional Development, acting on the President's request, was under a constitutional obligation to process the applications for Presidential pardon diligently and without delay. The Minister's prolonged failure to process the 384 applications, submitted in 2003 and still pending after more than four years, constituted an unreasonable delay and a breach of section 237 of the Constitution. The court rejected the respondents' argument that the Minister had no legal duty absent a written request from the President, finding that the conduct of the department and the absence of any denial of legal consequences indicated compliance with...

Citation
[2008] ZAGPHC 35
Parties
Applicant: MZABUKENI CHONCO & 383 Others; Respondent: Minister of Justice and Constitutional Development; Respondent: President of the Republic of South Africa
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
11 February 2008
Case Number
21224/2007
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; declaratory and mandatory relief ordered against the first respondent.
Judges
W L Seriti
Legal Topics
Presidential Pardon, Unreasonable Delay, Constitutional Obligations, Promotion of Administrative Justice Act
Constitutional Law Administrative Law Presidential Pardon Unreasonable Delay Constitutional Obligations Promotion of Administrative Justice Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

MZABUKENI CHONCO & 383 Others

Applicant

Minister of Justice and Constitutional Development

Respondent

President of the Republic of South Africa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Minister of Justice and Constitutional Development failed to exercise with due diligence and without delay the constitutional obligation to process applications for Presidential pardon.
  2. 2 Whether the Minister's failure to process the applications constitutes a failure to take administrative action under section 6(2)(g) of PAJA.
  3. 3 Whether the delay in processing the applications is unreasonable and reviewable.

Ratio Decidendi

The court found that the Minister of Justice and Constitutional Development, acting on the President's request, was under a constitutional obligation to process the applications for Presidential pardon diligently and without delay. The Minister's prolonged failure to process the 384 applications, submitted in 2003 and still pending after more than four years, constituted an unreasonable delay and a breach of section 237 of the Constitution. The court rejected the respondents' argument that the Minister had no legal duty absent a written request from the President, finding that the conduct of the department and the absence of any denial of legal consequences indicated compliance with...

Court Disposition

Application granted in part; declaratory and mandatory relief ordered against the first respondent.

Orders

  • The first respondent failed to exercise with due diligence and without delay the constitutional obligation to process and do all necessary to enable the second respondent to exercise powers under section 84(2)(j) of the Constitution regarding the applications for Presidential pardon.
  • The first respondent is directed to do all necessary within three months from the date of this order to enable the second respondent to exercise powers under section 84(2)(j) of the Constitution regarding all 384 applications for Presidential pardon.