South Africa Case Law

Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening (21/99)

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)

Court

Supreme Court of Appeal

Case number

21/99

Judges

Hefer, Olivier, Cameron, Brand, Mthiyane

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 motiva…

Source excerpt

• Amnesty Applications
• Equality Before Law
• Political Objective Requirement
• Review Of Administrative Decisions