AZAPO and others v President of the Republic of South Africa and others 1996 (4) SA 671 (CC) and answer the following questions:

 1.) Name and describe the form of justice that is represented by the applicants' argument. 

2.) Name and describe the form of justice that is said to justify the granting of amnesty. 

3.) Explain the rule of law dilemma that this case highlighted.

 4.) What was the Constitutional Court's main substantive justification for the validity of the amnesty provisions of the Promotion of National Unity and Reconciliation Act?

 5.) In paragraph 31 the court refers to the Nuremberg trials that were held at the end of World War II. Discuss, in the context of transition discourse, the problems inherent in this form of justice. 

6.) In paragraph 35 Mahomed DP discusses the link between amnesty and forgetting. Discuss this link with reference to the rule of law. 

7.) Explain the court's justification for the amnesty in respect of civil liability of the State. Do you agree with this justification? 

8.) The TRC had the power to order amnesty but it did not have the power to order reparation measures. Is this significant in the context of debates about socio-economic empowerment in South Africa? Why or why not?

Answer rating: 100% (QA)

Applicants Argument Represented Justice Form The applicants might have advocated for a form of justice rooted in restorative justice This approach focuses on repairing harm caused by crime by involvin... View the full answer