Du Toit v The Minister of Safety and Security and Others

The appellant, a senior SAPS officer, was convicted in 1996 on four counts of murder and sentenced to 15 years’ imprisonment. By operation of s 36(1) of the South African Police Service Act 68 of 1995, he was deemed to have been discharged from the SAPS. He later applied for and was granted amnesty under the Promotion of National Unity and Reconciliation Act 34 of 1995 in respect of those offences. Following the grant of amnesty, he sought reinstatement in the SAPS, contending that the expungement of his conviction meant he was deemed never to have been discharged. The SAPS refused reinstatement, and the Pretoria High Court dismissed his application. He appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the legal effect of amnesty under the Promotion of National Unity and Reconciliation Act, confirming that expungement of a conviction does not retrospectively undo employment or statutory consequences that have already occurred. It affirms the presumption against retrospectivity in statutory interpretation and delineates the distinction between judicial reversal of convictions and administrative amnesty. The judgment has ongoing relevance for public employment and transitional justice in South African law.