South Africa Case Law

Du Toit v Minister of Safety and Security and Another (467/07)

Du Toit v Minister of Safety and Security and Another (467/07) [2008] ZASCA 125; 2009 (1) SA 176 (SCA) ; [2009] 1 All SA 322 (SCA); (2009) 30 ILJ 261 (SCA) (30 September 2008)

Court

Supreme Court of Appeal

Case number

467/07

Judges

Streicher, Mthiyane, Cloete, Boruchowitz, Mhlantla

The Supreme Court of Appeal held that amnesty did not retrospectively reverse the appellant’s deemed discharge from the SAPS or create a right to reinstatement.

• Deemed Dismissal
• Amnesty
• Retrospective Application
• Reinstatement
• Promotion Of National Unity And Reconciliation Act
• South African Police Service Act

Institute for Security Studies in re: S v Basson

The application was refused because the proposed amicus submissions were largely already covered by the state’s written argument, so they did not raise sufficiently new or distinct contentions; in the context of a criminal appeal, admitting the applicant was not considered to be in the interests of justice.

Source excerpt

• Amicus curiae admission
• Rule 10
• International crimes
• Crimes against humanity
• War crimes
• Extraterritorial jurisdiction

Azanian Peoples Organization (AZAPO) and Others v President of the Republic of South Africa and Others (CCT17/96)

Azanian Peoples Organization (AZAPO) and Others v President of the Republic of South Africa and Others (CCT17/96) [1996] ZACC 16; 1996 (8) BCLR 1015; 1996 (4) SA 672 (25 July 1996)

Court

Constitutional Court

Case number

CCT17/96

Judges

Mahomed DP, Chaskalson P, Ackermann, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs, Didcott

The Court upheld section 20(7) of the Truth and Reconciliation Act, holding that the Constitution’s epilogue authorised amnesty extending to civil and criminal liability.

• Amnesty
• Truth And Reconciliation
• Bill Of Rights Limitation
• Civil Liability Of State
• Reparation Mechanisms
• Truth-and-reconciliation