Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99) [2001] ZASCA 48; [2001] 3 All SA 442 (A); 2001 (3) SA 1221 (SCA) (27 March 2001)

Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99) [2001] ZASCA 48; [2001] 3 All SA 442 (A); 2001 (3) SA 1221 (SCA) (27 March 2001)

The Supreme Court of Appeal held that the respondent's decision to refuse amnesty was based on a credibility finding against the appellant, specifically rejecting his claim that the murder was politically motivated. The court found no basis for interfering with the respondent's credibility findings, as they were supported by the appellant's failure to mention any political motive in prior proceedings and the absence of any questioning of the deceased about political affiliations during the incident. The court distinguished the appellant's case from the Makgale case, where the political motivation was clearly established. As a result, the appeal was dismissed with costs, including the...

Citation
[2001] ZASCA 48
Parties
Appellant: Hendrik Gerber; Respondent: Chairperson: Committee on Amnesty of the Truth and Reconciliation Commission
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 March 2001
Case Number
21/99
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division, Following Refusal of Review of the Respondent's Decision Denying Amnesty.
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Hefer, Olivier, Cameron, Brand, Mthiyane
Legal Topics
Amnesty Applications, Equality Before Law, Political Objective Requirement, Review of Administrative Decisions
Constitutional Law Administrative Law Amnesty Applications Equality Before Law Political Objective Requirement Review of Administrative Decisions

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Parties

Hendrik Gerber

Appellant

Chairperson: Committee on Amnesty of the Truth and Reconciliation Commission

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division, Following Refusal of Review of the Respondent's Decision Denying Amnesty.

Legal Issues

  1. 1 Whether the respondent unfairly discriminated against the appellant in refusing amnesty, thereby violating his constitutional rights.
  2. 2 Whether the respondent erred in finding that the murder committed by the appellant was not associated with a political objective as required by section 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995.
  3. 3 Whether the court a quo should have interfered with the respondent's credibility findings against the appellant.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's decision to refuse amnesty was based on a credibility finding against the appellant, specifically rejecting his claim that the murder was politically motivated. The court found no basis for interfering with the respondent's credibility findings, as they were supported by the appellant's failure to mention any political motive in prior proceedings and the absence of any questioning of the deceased about political affiliations during the incident. The court distinguished the appellant's case from the Makgale case, where the political motivation was clearly established. As a result, the appeal was dismissed with costs, including the...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.