Minister for Justice and Constitutional Development v Chonco and Others (159/08) [2009] ZASCA 31; 2009 (6) SA 1 (SCA) ; [2009] 3 All SA 149 (SCA) (30 March 2009)

Minister for Justice and Constitutional Development v Chonco and Others (159/08) [2009] ZASCA 31; 2009 (6) SA 1 (SCA) ; [2009] 3 All SA 149 (SCA) (30 March 2009)

The Supreme Court of Appeal held that the Minister for Justice and Constitutional Development has a constitutional obligation to process applications for presidential pardon and to do what is necessary to enable the President to exercise his powers under section 84(2)(j) of the Constitution in an informed manner. The preparatory steps required for the President to make a decision on pardons are executive functions that fall within the ambit of section 85(2)(e) of the Constitution and are the responsibility of the relevant department. The Minister's failure to perform these functions constitutes a breach of section 92(3)(a) and section 237 of the Constitution. The court rejected the...

Citation
[2009] ZASCA 31
Parties
Appellant: Minister for Justice and Constitutional Development; Respondent: Mqabukeni Chonco and 383 Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 2009
Case Number
159/08
Procedural Posture
Civil Appeal / Appeal From High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
Judges
Farlam, Nugent, Van Heerden, Jafta, Mlambo
Legal Topics
Presidential Pardon, Constitutional Obligations, Executive Functions, Section 84 2 J, Section 237, Ministerial Duties
Constitutional Law Administrative Law Presidential Pardon Constitutional Obligations Executive Functions Section 84 2 J Section 237 Ministerial Duties

Case Brief

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Parties

Minister for Justice and Constitutional Development

Appellant

Mqabukeni Chonco and 383 Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Pretoria

Legal Issues

  1. 1 Whether the Minister for Justice and Constitutional Development is under a constitutional obligation to process applications for presidential pardon before the President exercises his power under section 84(2)(j) of the Constitution.
  2. 2 Whether the delay in processing the applications constitutes a breach of constitutional obligations under section 237.
  3. 3 Whether the Minister's actions amount to administrative action under PAJA.

Ratio Decidendi

The Supreme Court of Appeal held that the Minister for Justice and Constitutional Development has a constitutional obligation to process applications for presidential pardon and to do what is necessary to enable the President to exercise his powers under section 84(2)(j) of the Constitution in an informed manner. The preparatory steps required for the President to make a decision on pardons are executive functions that fall within the ambit of section 85(2)(e) of the Constitution and are the responsibility of the relevant department. The Minister's failure to perform these functions constitutes a breach of section 92(3)(a) and section 237 of the Constitution. The court rejected the...

Court Disposition

Appeal dismissed with costs, including costs occasioned by the employment of two counsel.

Orders

  • The appeal is dismissed with costs, including those occasioned by the employment of two counsel.