State v. Makwanyane
South Africa Constitutional Court
Case No. CCT/3/94 (1995)
- Written by Katrina Sumner, JD
Facts
T. Makwanyane and M. Mchunu (defendants) were convicted of four counts of murder and various other charges in South Africa (plaintiff). Both defendants were sentenced to death on the murder counts and to imprisonment for the other charges. Makwanyane and Mchunu challenged their convictions and their death sentences. The law permitting the use of capital punishment for murder had been enacted prior to South Africa’s new constitution, which came into effect in 1993 after the defendants were sentenced and during their appeals. However, the new constitution did not indicate whether capital punishment was permissible or impermissible. The appellate court referred the question of the constitutionality of the death penalty to the South Africa Constitutional Court.
Rule of Law
Issue
Holding and Reasoning (Chaskalson, J.)
Concurrence (Mahomed, J.)
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