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)
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