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President v Hugo information


President v Hugo
CourtConstitutional Court of South Africa
Full case namePresident of the Republic of South Africa and Another v Hugo
Decided18 April 1997 (1997-04-18)
Docket nos.CCT 11/96
Citation(s)[1997] ZACC 4; 1997 (6) BCLR 708; 1997 (4) SA 1
Case history
Prior action(s)Supreme Court of South Africa, Durban and Coast Local Division – Hugo v President of the Republic of South Africa and Another 1996 (4) SA 1012 (D)
Court membership
Judges sittingChaskalson P, Mahomed DP, Ackermann, Didcott, Goldstone, Kriegler, Langa, Madala, Mokgoro, O'Regan and Sachs JJ
Case opinions
The provisions of the Presidential Act No. 17 of 27 June, 1994, relating to the remission of sentences of mothers in prison, are not inconsistent with the Interim Constitution.
Decision byGoldstone J (Chaskalson, Mahomed, Ackermann, Langa, Madala and Sachs concurring)
ConcurrenceO'Regan J (Chaskalson, Mahomed, Ackermann, Goldstone, Langa, Madala and Sachs concurring)
Concur/dissentMokgoro J
DissentDidcott J
DissentKriegler J

President of the Republic of South Africa and Another v Hugo is a 1997 decision of the Constitutional Court of South Africa. The court affirmed that the exercise of presidential prerogative powers is subject to judicial review, but it nonetheless found that President Nelson Mandela had acted fairly and lawfully in pardoning imprisoned mothers, but not imprisoned fathers, in a June 1994 presidential decree. The decision was among the first in the Constitutional Court's emerging jurisprudence on unfair discrimination and the right to equality.

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