The Azanian Peoples Organisation (AZAPO) and Others v President of the Republic of South Africa and Others

The applicants, including AZAPO and relatives of prominent anti-apartheid activists who were murdered, challenged the constitutionality of section 20(7) of the Promotion of National Unity and Reconciliation Act 34 of 1995. That provision granted amnesty to perpetrators of politically motivated acts committed during the apartheid era, with the effect that once amnesty was granted, perpetrators and the State were exempt from criminal and civil liability. The applicants argued that this deprived victims and their families of the right to have disputes resolved by a court and to seek criminal prosecution and civil compensation for gross human rights violations committed by state agents.

The constitutional challenge was dismissed. Section 20(7) of the Promotion of National Unity and Reconciliation Act 34 of 1995 was declared constitutional, and the application was refused.

This case is a foundational decision on transitional justice in South Africa. It confirmed the constitutional validity of the Truth and Reconciliation Commission’s amnesty process and established that the pursuit of national unity and reconciliation could constitutionally justify limiting victims’ rights to prosecution and civil claims. The judgment underscored the constitutional status of the epilogue and legitimised the negotiated compromise at the heart of South Africa’s democratic transition.