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Mofokeng and Another v President of the Republic of South Africa and Others (CCT 246/25) [2026] ZACC 43


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Mofokeng and Another v President of the Republic of South Africa and Others (CCT 246/25) [2026] ZACC 43

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Mofokeng and Another v President of the Republic of South Africa and Others (CCT 246/25) [2026] ZACC 43

Legal gavel

23rd October 2026

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Click here to read the full judgment on Saflii 

Joint pardon application remained undecided for 24 years – Presidential pardon power coupled with duty to decide applications diligently – Departmental processing failures remained attributable to Presidency – Later pardons did not render constitutional breach or remedies moot – Delay constituted failure to fulfil constitutional obligations – Constitutional damages most effective remedy for egregious prolonged breach – Structural interdict unnecessary despite clear systemic failures – Quantum reserved for written submissions on constitutional damages – Applicants awarded costs including two counsel – Constitution, s 84(2)(j).

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