The Albie Collection

Supremacy of the Constitution | The Makwanyane Case - Part 2

Makwanyane Case: Constitutional Court Full Judgment

Makwanyane Case - Part 2: Video Transcript

Video Chapters

- The dictate of public opinion vs a fundamental right that people have as human beings
- The three purposes of punishment - prevention, rehabilitation, deterence
- Going further - the right to life, the right to dignity
- The notion of ubuntu undergirding the bill of rights
- All 11 judges wrote, covering multiple themes and wide-ranging issues
- Inclinations against capital punishment amongst african leaders
- A sense of humanity - bringing out something better in people

The Makwanyane Case - Part 2

1995

Capital punishment

The first case of the Court dealt with capital punishment. Justice Sachs’s first case as a young advocate had included a possible death penalty. Justice Sachs comments on the meaning that the issue of capital punishment had had for his generation and deals with issues he raised in his judgment including references to traditional African law and Ubuntu in concurring with the decision to declare capital punishment

Doc #TAC_C_03_01_01_02
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