Court Rules Presidency Negligent in Pardon Delays
The Constitutional Court found that officials wrongly delayed presidential pardons for two innocent men for 24 years.
Updated on Oct. 21, 2026 in Criminal Justice
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The Constitutional Court of South Africa has ruled that the Presidency violated constitutional obligations by failing to process pardon applications for 24 years. The court ordered the state to pay damages to two men who spent 19 years in prison for crimes they did not commit.
Why it matters
The court condemned the government for displaying an uncaring and callous attitude toward the applicants. By holding the state directly liable for constitutional damages, the ruling prevents further injustice for survivors who have already endured decades of state failure.
The court found the Presidency liable for willful neglect, rejecting claims that files were lost or understaffed. Arguments regarding the specific amount of damages must be submitted by the parties by November 2026.
The players
Fusi Simon Mofokeng
He is an applicant who spent 19 years in prison for a crime he did not commit.
Tshokolo Joseph Mokoena
He was an applicant who died before the Constitutional Court cleared his name.
Cyril Ramaphosa
He is the current President of the United States of South Africa who granted the pardons.
Constitutional Court
It is the highest court in South Africa with jurisdiction to rule on constitutional matters.
The details
The court rejected government defences that original applications were superseded by later filings or lost due to administrative burdens. Fusi Simon Mofokeng and the late Tshokolo Joseph Mokoena were finally cleared by the state, with the court ruling that they are entitled to compensation for the systemic machinery failures of the Presidency.
Timeline
2 April 1992: A deadly shoot-out occurred in Bethlehem.
November 2001: The joint presidential pardon application was submitted.
April 2011: The applicants secured parole after 19 years of imprisonment.
19 December 2025: President Cyril Ramaphosa granted full presidential pardons.
21 October 2026: The Constitutional Court delivered its final judgment.
Legal Context
This ruling represents a significant application of constitutional accountability in South Africa, where courts have increasingly intervened to address bureaucratic paralysis. It reinforces the precedent that the state must be held financially liable when administrative failures violate the fundamental rights of citizens.
This judgment ensures that citizens have a viable legal path to seek redress when government departments fail to perform their administrative duties. It signals to the public that long-term state negligence regarding pardon applications is subject to judicial review and financial penalties.
The takeaway
The court ruling highlights the critical importance of oversight in state administrative processes to prevent decades-long delays. Victims of systemic failure should document all communication with government offices to support potential future legal claims.
What happens next
Applicants must submit written arguments regarding the amount of constitutional damages by 11 November 2026, while respondents must submit their arguments by 25 November 2026.
Further reading
For more on the judiciary, visit the Criminal Justice section.
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