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.
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…
Derby-Lewis v Minister of Correctional Services and Others (54507/08) [2009] ZAGPPHC 7; 2009 (6) SA 205 (GNP) ; 2009 (2) SACR 522 (GNP) ; [2009] 3 All SA 55 (GNP) (17 March 2009)
Court
North Gauteng High Court, Pretoria
Case number
54507/08
Judges
Van der Merwe, JB Shongwe, WL Seriti
The court held that section 136 of the Correctional Services Act, 1998, governs the applicant's parole eligibility, as he was sentenced prior to the commencement of the relevant chapters of the Act. All provisions of the 1959 Act relating to parole for lifers have been repealed, and only the policy and guidelines of former Parole Boards remain applicable. The Minister, not the court, is the competent authority to decide on parole for such prisoners. The court further found that the fifth respondent, as the widow of the deceased, has a right to make representations in the parole process, suppo…
