oa Constitutional Court Review - The democratic turn and (the limits of) constitutional patriotism after the Truth and Reconciliation Commission : Albutt v CSVR
On 23 February 2010, the South African Constitutional Court unanimously dismissed an appeal against an interim interdict which prevented President Zuma from pardoning apartheid criminals, until such time as the victims of the crimes in question had been given an opportunity to make representations to the President.
Given its subject matter, the Albutt judgment forms part of an important quartet of recent cases in which the Constitutional Court was asked to revisit the nature, scope and effect of the amnesty process administered in the late 1990s by the Truth and Reconciliation Commission (TRC) under the Promotion of National Unity and Reconciliation Act 34 of 1995. An obvious way of reading the Albutt judgment would therefore be to explore its place within the recent constitutional retrospective of the TRC process. Fruitful and important as such a reading might be, it is not one which I wish to pursue here.
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