President v Hugo
South African legal case / From Wikipedia, the free encyclopedia
President of the Republic of South Africa and Another v Hugo is a 1997 decision of the Constitutional Court of South Africa. The court affirmed that the exercise of presidential prerogative powers is subject to judicial review, but it nonetheless found that President Nelson Mandela had acted fairly and lawfully in pardoning imprisoned mothers, but not imprisoned fathers, in a June 1994 presidential decree. The decision was among the first in the Constitutional Court's emerging jurisprudence on unfair discrimination and the right to equality.
Quick Facts President v Hugo, Court ...
President v Hugo | |
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Court | Constitutional Court of South Africa |
Full case name | President of the Republic of South Africa and Another v Hugo |
Decided | 18 April 1997 (1997-04-18) |
Docket nos. | CCT 11/96 |
Citation(s) | [1997] ZACC 4; 1997 (6) BCLR 708; 1997 (4) SA 1 |
Case history | |
Prior action(s) | Supreme Court of South Africa, Durban and Coast Local Division – Hugo v President of the Republic of South Africa and Another 1996 (4) SA 1012 (D) |
Court membership | |
Judges sitting | Chaskalson P, Mahomed DP, Ackermann, Didcott, Goldstone, Kriegler, Langa, Madala, Mokgoro, O'Regan and Sachs JJ |
Case opinions | |
The provisions of the Presidential Act No. 17 of 27 June, 1994, relating to the remission of sentences of mothers in prison, are not inconsistent with the Interim Constitution. | |
Decision by | Goldstone J (Chaskalson, Mahomed, Ackermann, Langa, Madala and Sachs concurring) |
Concurrence | O'Regan J (Chaskalson, Mahomed, Ackermann, Goldstone, Langa, Madala and Sachs concurring) |
Concur/dissent | Mokgoro J |
Dissent | Didcott J |
Dissent | Kriegler J |
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