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In a frequently-cited passage, Dickson CJC described the components of proportionality as follows: There are, in my view, three important components of a proportionality test. First, the measures adopted must be carefully designed to achieve the objective in question.
- THE STATE versus T MAKWANYANE AND M MCHUNU JUDGMENT CHASKALSON P - SAFLII
See: S v Makwanyane en ‘n Ander 1994 (3) SA 868 (A). Two...
- THE STATE versus T MAKWANYANE AND M MCHUNU JUDGMENT CHASKALSON P - SAFLII
6 cze 1995 · Citation S v Makwanyane and Another (CCT 3/94) [1995] ZACC 3 (6 June 1995) Copy Media Neutral Citation [1995] ZACC 3 Copy Hearing date 15 February 1995 Court Constitutional Court of South Africa Case number
6 cze 1995 · Citation S v Makwanyane and Another , CCT/3/94, South Africa: Constitutional Court, 6 June 1995, https://www.refworld.org/jurisprudence/caselaw/zafcc/1995/en/87620 [accessed 17 October 2024] Copy to Clipboard
Case History: Adjudication of a referral to the Constitutional Court by the Appellate Division in S v Makwanyane en 'n Ander 1994 (3) SA 868 (A) ; 1994 (2) SACR 157 (A), regarding the constitutionality of the death sentence, death sentence declared unconstitutional. Synopsis:
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgment of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution.
See: S v Makwanyane en ‘n Ander 1994 (3) SA 868 (A). Two issues were raised: the constitutionality of section 277(1)(a) of the Criminal Procedure Act, and the implications of section 241(8) of the Constitution. Although there was no formal reference of these issues to this Court in terms of section 102(6) of the Constitution,
21 lut 2024 · S v Makwanyane and Another was a landmark decision of the Constitutional Court of South Africa, in which the court ruled that capital punishment was incompatible with the protection against "cruel, inhuman or degrading treatment or punishment" in the Interim Constitution.
