Du Toit v Minister van Veiligheid en Sekuriteit en 'n Ander (40687/2006) [2007] ZAGPHC 115 (21 June 2007)

Du Toit v Minister van Veiligheid en Sekuriteit en 'n Ander (40687/2006) [2007] ZAGPHC 115 (21 June 2007)

The court held that the effect of amnesty under section 20(10) of the Promotion of National Unity and Reconciliation Act is limited to removing the conviction and sentence from official records and deeming them not to have occurred. It does not undo the lawful administrative consequences that flowed from the conviction, such as the applicant's dismissal from the SAPS under section 36(1) of the SAPS Act. The statutory scheme for reinstatement under section 36 requires that the conviction and sentence be set aside on appeal or review, which did not occur in this case. The process of amnesty is administrative and distinct from judicial review or appeal. There is no statutory or legal basis...

Citation
[2007] ZAGPHC 115
Parties
Applicant: Wybrand Andreas Lodewicus Du Toit; Respondent: Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika; Respondent: Nasionale Kommissaris van die Suid-Afrikaanse Polisiediens
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
21 June 2007
Case Number
40687/2006
Procedural Posture
Review Application / Final Judgment After Opposed Motion
Outcome
Application dismissed with costs.
Judges
S J Mynhardt
Legal Topics
Amnesty Effect, Termination of Employment, Restoration of Service, Truth and Reconciliation Commission, Statutory Interpretation
Administrative Law Labour Law Amnesty Effect Termination of Employment Restoration of Service Truth and Reconciliation Commission Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Wybrand Andreas Lodewicus Du Toit

Applicant

Minister van Veiligheid en Sekuriteit van die Republiek van Suid-Afrika

Respondent

Nasionale Kommissaris van die Suid-Afrikaanse Polisiediens

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the applicant's dismissal from the South African Police Service was undone by the granting of amnesty under section 20(10) of the Promotion of National Unity and Reconciliation Act, 34 of 1995.
  2. 2 Whether the applicant is entitled to reinstatement in the South African Police Service as if his dismissal never occurred.
  3. 3 Whether an agreement or undertaking by the National Commissioner in 1999 binds the respondents to reinstate the applicant.

Ratio Decidendi

The court held that the effect of amnesty under section 20(10) of the Promotion of National Unity and Reconciliation Act is limited to removing the conviction and sentence from official records and deeming them not to have occurred. It does not undo the lawful administrative consequences that flowed from the conviction, such as the applicant's dismissal from the SAPS under section 36(1) of the SAPS Act. The statutory scheme for reinstatement under section 36 requires that the conviction and sentence be set aside on appeal or review, which did not occur in this case. The process of amnesty is administrative and distinct from judicial review or appeal. There is no statutory or legal basis...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.