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Questions and Answers
What was the central issue in the case of S v Makwanyane and Another?
Which division of the Supreme Court sentenced T Makwanyane and M McHunu to death?
What did the Appellate Division rely on to authorize the imposition of the death penalty for murder?
Which fundamental right did the appellants argue was infringed by Section 277(1)(a)?
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Why did the appellants assert that the death penalty was inconsistent with the new democratic order?
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Which court ultimately made a judgment on the constitutionality of the death penalty in South Africa in this case?
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What concept is deeply rooted in African legal traditions and emphasizes communal responsibility and human dignity?
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Which aspect of the South African Constitution does ubuntu closely relate to?
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What did the Constitutional Court rule about the death penalty in the case of S v Makwanyane?
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Why did the Constitutional Court find the death penalty unconstitutional?
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What did S v Makwanyane's ruling open the door for in South Africa?
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'S v Makwanyane' is considered a landmark decision in South African jurisprudence because it marked a shift away from what practice in the post-apartheid era?
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Study Notes
S v Makwanyane
Background
The case of S v Makwanyane and Another, commonly known as Makwanyane, was heard in the Constitutional Court of South Africa on February 15–17, 1995, and the judgment was delivered on June 6, 1995. This judicial proceeding centered around the constitutionality of the death penalty, a controversial practice that had been the subject of intense debate in the country since April 1994.
Legal Context
Two accused individuals, T Makwanyane and M McHunu, were charged with attempted murder and robbery with aggravating circumstances. After being convicted and sentenced to death by the Witwatersrand Local Division of the Supreme Court, they appealed to the Appellate Division of the Supreme Court. Despite the fact that the 1993 Constitution, which had come into force after their conviction and sentence, prohibited capital punishment, the Appellate Division found that Section 277(1)(a) of the Criminal Procedure Act No. 51 of 1977 authorized the imposition of the death penalty for murder.
Argument Against the Death Penalty
The appellants challenged the constitutional validity of Section 277(1)(a), arguing that it conflicted with the fundamental right to life protected by section 11 of the interim Constitution. They maintained that the continued use of the death penalty was inconsistent with the new democratic order and the progressive spirit of the Constitution.
Jurisprudential Issues
One of the key aspects of the proceedings involved the interpretation of the concept of "ubuntu," which is deeply rooted in African legal traditions and emphasizes communal responsibility and human dignity. Ubuntu is closely related to the idea of fundamental human rights, which forms the cornerstone of the South African Constitution.
Judgment
The Constitutional Court ruled that the death penalty violated the constitutional right to life and was therefore unconstitutional. The Court held that the practice of capital punishment was inconsistent with the progressive nature of the Constitution and the aspirations of the people of South Africa.
Conclusion
S v Makwanyane is regarded as a landmark decision in South African jurisprudence, as it marked a significant shift away from the retention of the death penalty in the post-apartheid era. The ruling opened the door for a broader recognition of human rights and the promotion of social justice in accordance with the values of ubuntu.
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Description
Test your knowledge on the groundbreaking case of S v Makwanyane, which challenged the constitutionality of the death penalty in South Africa. Learn about the legal arguments, jurisprudential issues, and the pivotal judgment that led to the abolition of capital punishment in the country.
