Azanian People's Organization v. President of the Republic of South Africa
Constitutional Court of South Africa
[1996] 4 S.A.L.R. 671
As part of South Africa's transition from apartheid, the Interim Constitution and the Promotion of National Unity and Reconciliation Act created a Truth and Reconciliation Commission empowered to grant amnesty to perpetrators who fully disclosed the facts of politically motivated apartheid-era crimes, with amnesty extinguishing civil and criminal liability. The Azanian People's Organization and apartheid victims (plaintiffs) challenged the amnesty provision, arguing it unconstitutionally denied victims their right to have an impartial court resolve disputes.
Whether an amnesty law conditioning amnesty on the perpetrator's full disclosure of the facts surrounding apartheid-era crimes violates South Africa's Constitution.