oa De Rebus - A constitutional debacle: Amnesty to perpetrators and denial of victims' right of access to court
|Article Title||A constitutional debacle: Amnesty to perpetrators and denial of victims' right of access to court|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Commercial law, University of Cape Town, Cape Town.|
|Publication Date||Dec 1997|
|Pages||823 - 827|
|Keyword(s)||Access to court, Amnesty to perpetrators, Constitutional debacle and Denial of victims' right|
In the case of Azapo and Others v President of the Republic of South Africa and Others 1996 (4) (1) SA 671 (CC) (the Azapo case) (see 1996 DR 647 and 816, and 1997 DR 493), applicants sought to attack the constitutionality of s 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995* (the Act) on the grounds that its consequences were not authorised by the interim Constitution. The gist of their argument was as follows: the granting of amnesty in respect of gross violations of human rights as provided for in s 20 of the Act effectively denies applicants and victims or, if deceased, their dependants the right of access to court, guaranteed in s 22 of the interim Constitution, to bring civil claims against perpetrators of gross violations of human rights.
Article metrics loading...