S v Makwanyane
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgement 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. The court's ruling invalidated section 277(1)(a) of the Criminal Procedure Act 51 of 1977, which had provided for use of the death penalty, along with any similar provisions in any other law in force in South Africa. The court also forbade the government from carrying out the death sentence on any prisoners awaiting execution, ruling that they should remain in prison until new sentences were imposed. Delivered on 6 June, this was the newly established court's "first politically important and publicly controversial holding."
primaryTopic
S v Makwanyane
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgement 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. The court's ruling invalidated section 277(1)(a) of the Criminal Procedure Act 51 of 1977, which had provided for use of the death penalty, along with any similar provisions in any other law in force in South Africa. The court also forbade the government from carrying out the death sentence on any prisoners awaiting execution, ruling that they should remain in prison until new sentences were imposed. Delivered on 6 June, this was the newly established court's "first politically important and publicly controversial holding."
has abstract
S v Makwanyane and Another (CC ...... blicly controversial holding."
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Link from a Wikipage to an external page
Wikipage page ID
30,484,077
Wikipage revision ID
740,477,703
date decided
1995-06-06
decision by
full name
State v Makwanyane and Another
judges
Chaskalson P, Ackermann, Didco ...... Regan & Sachs JJ, Kentridge AJ
keywords
capital punishment, human rights, constitutional law
name
S v Makwanyane
number of judges
opinions
The death penalty is inconsist ...... apital punishment are invalid.
prior actions
Referral from Appellate Division
subject
hypernym
comment
S v Makwanyane and Another (CC ...... blicly controversial holding."
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label
S v Makwanyane
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