South Africa Case Law

Masemola v Special Pensions Appeal Board and Another (CCT260/18)

Masemola v Special Pensions Appeal Board and Another (CCT260/18) [2019] ZACC 39; 2019 (12) BCLR 1520 (CC); 2020 (2) SA 1 (CC) (15 October 2019)

Court

Constitutional Court

Case number

CCT 260/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Theron, Victor

The Constitutional Court held that the applicant's entitlement to a special pension was not terminated by his conviction but suspended by operation of section 1(8)(b) of the Special Pensions Act. The presidential pardon expunged the conviction and removed the legal impediment, reviving his entitlement to the pension from the date of the pardon. Section 6A does not bar restoration of previously determined benefits; it only prevents new applications. The Board and GPAA are obliged to resume payment of the special pension as the right to receive it revived by operation of law. The applicant is e…

Source excerpt

• Presidential Pardon
• Special Pensions Act
• Restoration Of Benefits
• Statutory Interpretation

Special Pensions Appeal Board and Another v Masemola (1171/17)

Special Pensions Appeal Board and Another v Masemola (1171/17) [2018] ZASCA 117 (20 September 2018)

Court

Supreme Court of Appeal

Case number

1171/17

Judges

Navsa, Tshiqi, Swain, Mathopo, Mothle

The Supreme Court of Appeal held that a presidential pardon did not restore a special pension lost through statutory disqualification and later lapse of the Act.

• Special Pensions Act
• Presidential Pardon
• Principle Of Legality
• Statutory Disqualification
• Special-pensions-act
• Presidential-pardon

Masemola v Special Pensions Appeal Board and Another (10448/16)

Masemola v Special Pensions Appeal Board and Another (10448/16) [2016] ZAGPPHC 1253 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

10448/16

Judge

Makhubele

High Court review of a special pension appeal board decision. The court held the board had jurisdiction, set aside its dismissal, and reinstated the pension after a presidential pardon.

• Special Pensions Act
• Presidential Pardon
• Administrative Action Review
• Jurisdiction Of Appeal Board
• Substitution Of Decision
• Special-pensions-act

Baloyi v Minister of Correctional Services and Others (46475/2012)

Baloyi v Minister of Correctional Services and Others (46475/2012) [2012] ZAGPJHC 66 (19 April 2012)

Court

South Gauteng High Court, Johannesburg

Case number

46475/2012

Judge

Satchwell

The court held that the applicant's sentence cannot be antedated to the date of arrest, as the Correctional Services Act requires sentences to commence from the date of sentencing and any time spent in custody prior to sentencing is a matter for the trial court. The applicant's achievements in prison, while admirable, do not constitute highly meritorious service as contemplated by the Act, which requires service rendered to others or the institution. The statutory regime under the 1998 Act expressly excludes persons serving life sentences from special remission for highly meritorious service…

Source excerpt

• Correctional Services Act
• Remission Of Sentence
• Presidential Pardon
• Parole Eligibility
• Life Imprisonment
• Statutory Interpretation

Chonco and Others v President of the Republic of South Africa (CCT94/09)

Chonco and Others v President of the Republic of South Africa (CCT94/09) [2010] ZACC 7; 2010 (6) BCLR 511 (CC) (16 March 2010)

Court

Constitutional Court

Case number

CCT 94/09

Judges

Khampepe J, Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Jafta J, Mogoeng J, Nkabinde J, Skweyiya J, Van der Westhuizen J, Yacoob J

The Constitutional Court refused a costs order after the applicants sought relief over delayed pardon decisions, holding their fresh litigation was premature and unreasonable.

• Presidential Pardon
• Unreasonable Delay
• Direct Access
• Costs Discretion
• Constitutional-court
• Presidential-pardon

Albutt v Centre for the Study of Violence and Reconciliation and Others (CCT 54/09)

Albutt v Centre for the Study of Violence and Reconciliation and Others (CCT 54/09) [2010] ZACC 4; 2010 (3) SA 293 (CC) ; 2010 (2) SACR 101 (CC) ; 2010 (5) BCLR 391 (CC) (23 February 2010)

Court

Constitutional Court

Case number

CCT 54/09

Judges

Ngcobo CJ, Moseneke DCJ, Cameron J, Froneman J, Khampepe J, Mogoeng J, Nkabinde J, Skweyiya J, Van der Westhuizen J

The Constitutional Court held that victims had to be heard in the special presidential pardon process for politically motivated offences.

• Presidential Pardon
• Victim Participation
• Rule Of Law
• Truth And Reconciliation
• Administrative Action
• Procedural Fairness

Minister for Justice and Constitutional Development v Chonco and Others (CCT 42/09)

Minister for Justice and Constitutional Development v Chonco and Others (CCT 42/09) [2009] ZACC 25; 2010 (1) SACR 325 (CC) ; 2010 (2) BCLR 140 (CC) ; 2010 (4) SA 82 (CC) (30 September 2009)

Court

Constitutional Court

Case number

CCT 42/09

Judges

Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J

The Constitutional Court held that the power to decide on applications for presidential pardon under section 84(2)(j) of the Constitution vests solely in the President as Head of State. The preliminary process of receiving and examining applications for pardon falls within the President's auxiliary powers and does not constitute a national executive function under section 85(2)(e). The Minister does not incur a constitutional obligation to process such applications unless there is a written transfer of responsibility from the President, as required by the Constitution. The Minister's failure…

Source excerpt

• Presidential Pardon
• Separation Of Powers
• Constitutional Obligation
• Administrative Action
• Jurisdiction Of Constitutional Court

Centre for the Study of Violence and Reconciliation and Others v President of the Republic of South Africa and Others (15320/09)

Centre for the Study of Violence and Reconciliation and Others v President of the Republic of South Africa and Others (15320/09) [2009] ZAGPPHC 35 (29 April 2009)

Court

North Gauteng High Court, Pretoria

Case number

15320/09

Judge

Seriti

The court held that the President's power to grant pardons under section 84(2)(j) of the Constitution is not excluded from the definition of administrative action in the Promotion of Administrative Justice Act. The process must be conducted in accordance with constitutional values of openness, transparency, and fairness. Victims and affected parties have a right to make representations before pardons are granted, analogous to their rights in parole proceedings. The applicants have locus standi to bring the application in the public interest and on behalf of affected victims. Non-joinder of al…

Source excerpt

• Presidential Pardon
• Victim Participation
• Administrative Action
• Public Interest Standing
• Promotion Of Access To Information Act

Minister for Justice and Constitutional Development v Chonco and Others (159/08)

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)

Court

Supreme Court of Appeal

Case number

159/08

Judges

Farlam, Nugent, Van Heerden, Jafta, Mlambo

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 constitut…

Source excerpt

• Presidential Pardon
• Constitutional Obligations
• Executive Functions
• Section 84 2 J
• Section 237
• Ministerial Duties

Chonco and Others v Minister of Justice and Constitutional Development and Another (21224/2007)

Chonco and Others v Minister of Justice and Constitutional Development and Another (21224/2007) [2008] ZAGPHC 35; 2008 (2) SACR 39 (T); 2008 (4) SA 478 (T) (11 February 2008)

Court

High Courts - Gauteng

Case number

21224/2007

Judge

W L Seriti

The High Court held that the Minister unreasonably delayed processing 384 presidential pardon applications and ordered the process completed within three months.

• Presidential Pardon
• Unreasonable Delay
• Constitutional Obligations
• Promotion Of Administrative Justice Act
• Presidential-pardon
• Unreasonable-delay