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See: S v Makwanyane en ‘n Ander [1994] ZASCA 76; 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.
6 cze 1995 · Citation S v Makwanyane and Another (CCT 3/94) [1995] ZACC 3 (6 June 1995) Copy Media Neutral Citation
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.
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
The Constitutional Court declared the death penalty unconstitutional in this case, citing the rights to life and dignity in the Bill of Rights. The judgment was delivered by Chaskalson P and nine other judges, with separate concurrences.
21 sty 2020 · In Makwanyane delivered on 6 June 1995, the Constitutional Court, in its first politically important and publicly controversial holding, struck down the death penalty.
21 lut 2024 · A landmark decision of the Constitutional Court of South Africa that abolished the death penalty in 1995. The judgement, written by Arthur Chaskalson, ruled that capital punishment was incompatible with the protection against cruel, inhuman or degrading treatment or punishment in the Interim Constitution.
