South Africa Case Law

Mfalapitsa v Minister of Justice and Correctional Services and Others (2023/060969)

Mfalapitsa v Minister of Justice and Correctional Services and Others (2023/060969) [2024] ZAGPJHC 1136; 2025 (1) SACR 482 (GJ) (11 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/060969

Judge

S D J Wilson

Review dismissed in an amnesty case arising from the COSAS Four murders; the court held the refusal of amnesty was reasonable and the killings were disproportionate to any political objective.

• Amnesty Review
• Promotion Of National Unity And Reconciliation Act
• Proportionality Requirement
• Administrative Action
• Delay And Condonation
• Amnesty-review

Citizen 1978 (Pty) Ltd v McBride (277/08)

Citizen 1978 (Pty) Ltd v McBride (277/08) [2010] ZASCA 5; 2010 (4) SA 148 (SCA) ; [2010] 3 All SA 46 (SCA) (26 February 2010)

Court

Supreme Court of Appeal

Case number

277/08

Judges

Streicher, Mthiyane, Ponnan, Mhlantla, Tshiqi

The majority held that once amnesty has been granted under the Promotion of National Unity and Reconciliation Act, the person is no longer considered to have committed the offence for which amnesty was granted, and any conviction is deemed not to have taken place. Therefore, branding the respondent a murderer and criminal in respect of those acts is false and defamatory. The defence of fair comment failed because the facts on which the comment was based were not true in law after amnesty. The respondent's action succeeded in respect of the defamatory allegations that he was unsuited to be app…

Source excerpt

• Defamation
• Fair Comment
• Truth And Public Benefit
• Promotion Of National Unity And Reconciliation Act
• Freedom Of Expression

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

Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97)

Stopforth v Minister of Justice and Others, Veenendaal v Minister of Justice and Others (316/97, 317/97) [1999] ZASCA 72; [1999] 4 All SA 383 (A); 2000 (1) SA 113 (SCA) (27 September 1999)

Court

Supreme Court of Appeal

Case number

316/97, 317/97

Judges

Mahomed, Olivier, Melunsky, Farlam, Madlanga

The Supreme Court of Appeal held that the TRC Amnesty Committee lacked jurisdiction to grant amnesty for the Namibia-related offences and dismissed one appeal.

• Extradition
• Amnesty Jurisdiction
• Promotion Of National Unity And Reconciliation Act
• Territorial Jurisdiction
• Fugitive From Justice
• Amnesty-jurisdiction