S v Makwanyane and Another is a landmark 1995 judgment of the Constitutional Court of South Africa, delivered on 6 June, holding that capital punishment was inconsistent with the human rights guarantees of the Interim Constitution. The ruling struck down the provision of the Criminal Procedure Act that had authorized the death penalty and any equivalent provision elsewhere in South African law, and barred the government from carrying out death sentences on prisoners already awaiting execution, who instead had new sentences imposed. It is regarded as the newly established court's first politically significant and publicly controversial decision.
Facts
Key ProvisionDecided 6 June 1995 by South Africa's Constitutional Court: held capital punishment inconsistent with the human rights guarantees of the Interim Constitution, abolishing the death penalty. 1 Classification
Document TypeCourt Ruling or Judicial Opinion 1 Sources
1. S v Makwanyane (Wikipedia)
WikipediaLead section
It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution.
Document type, description
S v Makwanyane and Another is a landmark 1995 judgment of the Constitutional Court of South Africa, delivered on 6 June, holding that capital punishment was inconsistent with the human rights guarantees of the Interim Constitution.
In Group: Constitutional Court Decisions Outside the United States, Lead paragraph
S v Makwanyane and Another (CCT 3/94) was a landmark 1995 judgment of the Constitutional Court of South Africa.
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