Procedural fairness as a component of legality : is a reconciliation between Albutt and Masetlha possible?

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dc.contributor.author Murcott, Melanie
dc.date.accessioned 2013-09-19T14:17:44Z
dc.date.available 2013-12-30T00:20:04Z
dc.date.issued 2013
dc.description.abstract In Albutt v Centre for the Study of Violence and Reconciliation 2010 (3) SA 293 (CC) the Constitutional Court expanded the concept of legality. It did so by finding that rationality, as a component of legality, required that the victims of politically motivated crimes had first to be afforded a hearing before the President could exercise his power to pardon prisoners who had been found guilty of committing these crimes, and who had not sought amnesty from the Truth and Reconciliation Commission ('TRC'). The effect of Albutt is that the principle of legality is now capable of imposing procedural-fairness standards on the exercise of public power where it would be irrational not to do so, regardless of whether the exercise of such power amounts to administrative action in terms of the Promotion of Administrative Justice Act 3 of 2000 ('PAJA'). Surprisingly, the Constitutional Court held that it was 'not necessary' to determine whether the exercise of the President's pardoning power amounts to administrative action in terms of the PAJA (Albutt para 83). en_US
dc.description.librarian am2013 en_US
dc.description.uri http://www.jutalaw.co.za/catalogue/itemdisplay.jsp?item_id=3601 en_US
dc.identifier.citation Murcott, M 2013, 'Procedural fairness as a component of legality : is a reconciliation between Albutt and Masetlha possible?', South African Law Journal, vol. 130, no. 2, pp. 260-274. en_US
dc.identifier.issn 0258-2503
dc.identifier.uri http://hdl.handle.net/2263/31765
dc.language.iso en en_US
dc.publisher Juta Law en_US
dc.rights Juta Law en_US
dc.subject Procedural fairness en_US
dc.subject Legality en_US
dc.title Procedural fairness as a component of legality : is a reconciliation between Albutt and Masetlha possible? en_US
dc.type Article en_US


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