CCT3/94

[1995] ZACC 3

1995 (6) BCLR 665 (CC)

1995 (3) SA 391 (CC)

1995 (2) SACR 1 (CC)

Chaskalson P Majority judgment

Kentridge AJ separate judgment

Kriegler J separate judgment

Ackermann J separate judgment

Didcott J separate judgment

Madala J separate judgment

Mahomed J separate judgment

Mokgoro J separate judgment

O'Regan J separate judgment

Sachs J separate judgment

15 - 17 February 1995

6 June 1995

http://hdl.handle.net/20.500.12144/1981

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.

Death penalty declared unconstitutional. Maj: Chaskalson P held that retribution cannot be accorded the same weight under our Constitution as the rights to life and dignity, which are the most important of all the rights in the Bill of Rights. It has not been shown that the death penalty would be materially more effective to deter or prevent murder than the alternative sentence of life imprisonment. Taking these elements into account as well as the element of arbitrariness and the possibility of error in enforcing the death penalty, the clear and convincing case that is required to justify the death sentence as the penalty for murder has not been made out. Separate concurrences by: Ackermann J, Didcott J, Kentridge AJ, Langa J, Madala J, Mahomed J, Mokgoro J, O’Regan J, Sachs J.