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dc.identifier.citation [2009] ZACC 22
dc.identifier.citation 2009 (6) SA 128 (CC)
dc.identifier.citation 2009 (12) BCLR 1171 (CC)
dc.identifier.citation 2010 (1) SACR 1 (CC)
dc.identifier.citation (2009) 30 ILJ 2601 (CC)
dc.title Du Toit v Minister for Safety and Security of the Republic of South Africa and Another en
dc.title.alternative CCT91/08 en
dc.identifier.casenumber CCT91/08 en 24 February 2009
dc.contributor.judge Langa CJ 18 August 2009
dc.concourt.synopsis The applicant was sentenced to 15 years imprisonment for murder and dismissed from his employ in the South African Police Service as a result of this. He was later granted amnesty in terms of the Promotion of National Unity and Reconciliation Act. He applied to the High Court for an order compelling the SAPS to reinstate him to his previous position. The High Court dismissed the application, as did the Supreme Court of Appeal. On appeal, this Court held that the granting of amnesty does not render unlawful acts lawful, nor does it undo the legal consequences of the conduct for which amnesty was granted. Section 20(10) of the Reconciliation Act ought not to be interpreted so as to operate prospectively on the civil and administrative consequences of the grant of amnesty. The grant of amnesty cannot be equated with an appeal or review, which are judicial processes whereas amnesty is an administrative process. The appeal was dismissed, without costs, and the cost orders of the High Court and Supreme Court were set aside.
dc.concourt.casehistory Appication to the CC for leave to appeal against the judgment of the SCA: Du Toit v Minister of Safety and Security and Another 2009 (1) SA 176 (SCA)

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