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Hanging was maintained as the preferred method, as in most post-independence cases of criminal law, following South Africa's independence as a republic in 1961.At the same time, South Africa saw mounting international criticism against purposely political executions of anti-apartheid activists convicted of violent crimes; mainly blacks, but occasionally whites, the case of Frederick John ...
New Nation Movement NPC and Others v President of the Republic of South Africa and Others, [2020] ZACC 11, is a decision of the Constitutional Court of South Africa, handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a ...
In the 2001 case of Mohamed v President of the Republic of South Africa the Constitutional Court dealt with the extradition of suspects under circumstances where they may face the death penalty. The court held that the South African government cannot extradite suspects for capital offences without obtaining an assurance from the jurisdiction ...
(Bloomberg) -- Sign up to our Next Africa newsletter and follow Bloomberg Africa on TwitterSouth African lawmakers will debate the government’s decision to withdraw from the International ...
The Court held that, in practice, there was an element of chance at every stage of the process of implementing the death penalty: The outcome may be dependent upon factors such as the way the case is investigated by the police, the way the case is presented by the prosecutor, how effectively the accused is defended, the personality and particular attitude to capital punishment of the trial ...
The court held that the provisions of section 18 of the Criminal Procedure Act, 1977 were clear and unambiguous, and provided for the lapsing of the right to prosecute after the expiration of a period of twenty years from the date of the offence in the case of every crime other than one in respect of which the death penalty may be imposed.
The court ruled that the South African government may not extradite a suspect who may face the death penalty without seeking an assurance from the receiving country that the suspect will not be sentenced to death. [1] [2]
S v Makwanyane and Another (6 June 1995): abolished the death penalty, declaring capital punishment in South Africa to be inconsistent with the Interim Constitution. National Coalition for Gay and Lesbian Equality v Minister of Justice (9 October 1998): overturned South Africa’s sodomy law , ruling that it violated constitutional guarantees ...