Du Toit v Minister for Safety and Security of the Republic of South Africa and Another

The applicant, Mr Wybrand Andreas Lodewicus du Toit, was a senior officer in the South African Police Service (SAPS). In 1996 he was convicted in the Eastern Cape High Court on four counts of politically motivated murder (the 'Motherwell Four') and sentenced to 15 years’ imprisonment. As a consequence of the conviction and sentence, section 36(1) of the SAPS Act 68 of 1995 deemed him discharged from SAPS employment. Mr du Toit later applied for amnesty under the Promotion of National Unity and Reconciliation Act 34 of 1995. After initial refusal and successful review, he was granted amnesty in 2005. Relying on section 20(10) of the Reconciliation Act and a prior letter from the National Commissioner indicating he would be reinstated if amnesty were granted, Mr du Toit sought reinstatement to SAPS. SAPS refused. His applications in the North Gauteng High Court and the Supreme Court of Appeal were unsuccessful, leading to this application for leave to appeal to the Constitutional Court.

Leave to appeal was considered, but the appeal failed on the merits; the refusal to reinstate Mr du Toit in the SAPS stood, and no order compelling reinstatement was granted.

The case clarifies the legal effect and limits of amnesty under the Promotion of National Unity and Reconciliation Act. It confirms that while amnesty expunges criminal convictions, it does not automatically reverse all collateral consequences, particularly employment consequences governed by separate legislation. The judgment is important for its careful reconciliation of transitional justice objectives with the rule of law and statutory interpretation in post-apartheid South Africa.