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S v MAKWANYANE AND ANOTHER 1995 (3 ) SA 391 (CC ).doc - S v...

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S v MAKWANYANE AND ANOTHER 1995 (3 ) SA 391 (CC )1995 (3 ) SA p391Citation1995 (3 ) SA 391 (CC )Case NoCCT/3/94CourtConstitutional CourtJudgeChaskalson P , ACKERMANN J , DIDCOTT J , KENTRIDGE AJ ,KRIEGLER J , LANGA J , MADALA J , MAHOMED J , MOKGORO J ,O'REGAN J and SACHS JHeardFebruary 15, 1995 ; February 16, 1995 ; February 17, 1995JudgmentJune 6, 1995E[zFNz] Flynote : SleutelwoordeConstitutional law - Legislation - Validity of - Section 277(1)(a),(c),(d),(e)and(f)ofthe Criminal Procedure Act 51 of 1977, and all corresponding provisions of otherlegislation sanctioning capital F punishment which is in force in any part of the nationalterritory in terms of s 229 of the Constitution of the Republic of South Africa Act 200 of1993, is inconsistent with the Constitution and accordingly invalid.Criminal procedure - Sentence - Death sentence - Constitutionality of - Death sentence interms of s 277(1)(a),(c),(d),(e)and(f)of the G Criminal Procedure Act 51 of 1977,and all corresponding provisions of other legislation sanctioning capital punishmentwhich is in force in any part of the national territory in terms of s 229 of the Constitutionof the Republic of South Africa Act 200 of 1993, is inconsistent with the Constitution andaccordingly invalid.H Constitutional law - Constitution - Interpretation of - Constitution of the Republic ofSouth Africa Act 200 of 1993 - Background material - Reports of technical committeeswhich advised Multi-Party Negotiating Process could provide a context for theinterpretation of Constitution - No reason why such evidence should be excluded -Precise nature of evidence and the purpose for which it may be tendered determines the Iweight to be given to it - Comments of individuals should not be regarded asdeterminative.Constitutional law - Human rights - Right to equality before the law in terms of s 8 inchap 3 of Constitution of the Republic of South Africa Act 200 of 1993 - Effect of s 229of Constitution providing for continued J operation of the laws of formerly independentStates -A Such laws, however, only continuing subject to Constitution - Right to equality beforethe law not meaning that there had to be consistency and parity between the laws of thedifferent geographic areas themselves.
Constitutional law - Constitution - Interpretation of - Constitution of B the Republic ofSouth Africa Act 200 of 1993 - Public international law - Use of in terms of s 35 of theConstitution - Public international law as intended by s 35 including non-binding as wellas binding law.Constitutional law - Constitution - Interpretation of - Constitution of the Republic ofSouth Africa Act 200 of 1993 - Comparative law - Section C 35(1) of Constitution - Indealing with comparative law it has to be borne in mind that it is the South AfricanConstitution which has to be construed - Such to be done with due regard to SouthAfrican legal system, history and circumstances and the structure and language of SouthAfrica's D own Constitution - South African Courts can derive assistance from publicinternational law and foreign case law but not bound to follow it.

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Term
Fall
Professor
NoProfessor
Tags
Law, death row

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