100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Prof Botha case summaries $2.78
Add to cart

Case

Prof Botha case summaries

3 reviews
 319 views  4 purchases
  • Course
  • Institution

This document contains four case summaries applicable to Prof Botha's part of the work: AZAPO v President of RSA First Certification Judgement New National Party of SA Pharmaceutical Manufacturers

Preview 1 out of 9  pages

  • October 31, 2017
  • 9
  • 2017/2018
  • Case
  • Unknown
  • Case summaries

3  reviews

review-writer-avatar

By: kellyspengler • 3 year ago

review-writer-avatar

By: annelette123 • 6 year ago

review-writer-avatar

By: molefenkosi • 8 year ago

Great, thank you.

avatar-seller
Contents:

AZAPO v President of RSA

First Certification Judgement

New National Party of SA v Government of SA

Pharmaceutical Manufacturers

AZAPO v President of the RSA 1996 (4) SA 671 (CC)

 Interim Constitution: committed to transition to a more just, defensible and democratic
political order based on protection of fundamental HRs
 This could not be achieved without a proper commitment to reconciliation and national
unity
 Epilogue to Constitution: “in order to facilitate reconciliation, amnesty shall be granted in
respect of acts, omissions and offences associated with political objectives. Parliament
under this Constitution shall adopt a law providing for the mechanisms, criteria and
procedures, including tribunals, through which such amnesty shall be dealt with”
o In 1995 Parliament enacted Promotion of National Unity and Reconciliation Act
(“Truth and Reconciliation Act”); Act established TRC
o Objective of TRC: promote national unity and reconciliation; create a complete as
possible picture of the causes, nature and extent of HR violations; take into account
perspective of victims and persons responsible
o TRC (Committee on Amnesty) gave amnesty to those who made full disclosure of all
the relevant facts relating to acts committed with a political objective
 S 20(7) of the Act: no person who has been granted amnesty in respect of an act, omission
or offence shall be criminally or civilly liable, and neither the State nor any
body/organisation will be vicariously liable
o Constitutionality of s 20(7) is at issue in this case: its consequences are not
authorised by the Constitution
o S 20(7) is in conflict with s 22 of the Constitution: “right to have justiciable disputes
settled by a court of law, or another independent or impartial forum”
o Applicants: Amnesty Committee ≠ ‘court of law’ or ‘independent or impartial forum’;
not authorised to settle ‘justiciable disputes’ – all that it could decide was whether
amnesty should be granted
 Effect of amnesty: impacts upon fundamental rights (right to obtain redress when rights are
invaded; guilty persons are answerable before the courts)
 Legal question: does the Constitution permit the violation of s 22 by s 20(7) of the Act?
o Is there a provision in the Constitution which permits a limitation on s 22, or if not,
can a limitation on s 22 be justified i.t.o. s 33(1)?
 Respondents argued that epilogue of Constitution is the provision which authorises any law
conferring amnesty
 Necessary to deal with constitutional status of the epilogue (is it a “provision” of the
Constitution?)
o S 232(4) of the Constitution: a provision in any Schedule to this Constitution shall not
by reason only of the fact that it is contained in a Schedule, have a lesser status than
any other provision of this Constitution

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller 19kasia95. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $2.78. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$2.78  4x  sold
  • (3)
Add to cart
Added