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dc.date.accessioned 2017-04-08T17:12:33Z
dc.date.available 2017-04-08T17:12:33Z
dc.date.created 2010-04-08 en
dc.identifier.citation [2009] ZACC 25
dc.identifier.citation 2010 (4) SA 82 (CC)
dc.identifier.citation 2010 (1) SACR 325 (CC)
dc.identifier.citation 2010 (2) BCLR 140 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3602
dc.title Minister for Justice and Consitutional Development v Chonco and Others en
dc.title.alternative CCT42/09 en
dc.identifier.casenumber CCT42/09` en
dc.date.hearing 25 August 2009
dc.contributor.judge Langa CJ
dc.date.judgment 30 September 2009
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3602/Full%20judgment%20Official%20version%2030%20September%202009.PDF?sequence=6&isAllowed=y
dc.concourt.synopsis This was an application for leave to appeal against a decision by the SCA. The SCA found that advice rendered by the Department of Justice and Constitutional Development to the President, which was intended to assist him to fulfill his constitutional Head of State function to pardon offenders under section 84(2)(j) of the Constitution, constituted "preliminary executive functions" for which the relevant Minister could be held accountable under section 85(2)(e) of the Constitution. On appeal to this Court, it was held that the power to request advice, and the advice itself, is an "auxiliary power" granted to the Head of State by section 84(1). The matter fell within the responsibility of the President only and was therefore within the exclusive jurisdiction of the Constitutional Court. The High Court and the SCA had lacked jurisdiction to consider it. Mr Chonco ought to have sued the President, not the Minister, to obtain the relief he sought. Accordingly, the appeal succeeded. Majority: Langa CJ (unanimous)
dc.concourt.casehistory Application for leave to appeal to the CC against a judgment of the SCA: Minister for Justice and Constitutional Development v Mqabukeni Chonco and 383 Others Case No. 159/08 Supreme Court of Appeal, 30 March 2009


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