Gerber v Voorsitter: Komitee oor Amnestie van die Kommissie vir Waarheid en Versoening

The appellant, Hendrik Gerber, a former member of the South African Police and later an employee of Fidelity Guards, was convicted in 1993 of the murder of Samuel Kganakga and sentenced to 20 years’ imprisonment. In May 1991 Gerber and others abducted, tortured, and ultimately killed Kganakga during an interrogation relating to a large cash robbery. After the enactment of the Promotion of National Unity and Reconciliation Act 34 of 1995, Gerber applied to the Amnesty Committee of the Truth and Reconciliation Commission for amnesty, alleging that the killing was associated with a political objective linked to the PAC. The Amnesty Committee rejected the application, finding that the murder was not politically motivated. Gerber unsuccessfully sought to have this decision reviewed and set aside by the Transvaal Provincial Division, and then appealed to the Supreme Court of Appeal.

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

The case affirms the centrality of factual and credibility findings by the Truth and Reconciliation Commission’s Amnesty Committee and clarifies that differing outcomes in amnesty applications do not amount to unfair discrimination where they are based on different factual findings. It underscores the limited circumstances in which courts will interfere with administrative credibility determinations, even where constitutional rights are invoked.