MHR5904
ASSIGNMENT 2 2025
UNIQUE NO.
DUE DATE: 2025
, MHR5904
Assignment 2 – 2024
Unique Number:
Essay on the Abolition of the Death Penalty in South Africa: A Critical
Examination of S v Makwanyane
Introduction
The Constitutional Court’s landmark decision in S v Makwanyane (1995) remains one of
the most influential judgments in South Africa’s legal history. The case not only
abolished the death penalty but also laid down foundational principles for the
interpretation of the new democratic Constitution. Delivered in the aftermath of
apartheid, the ruling was a bold assertion of South Africa’s commitment to human rights,
equality, and constitutional democracy. The judgment foregrounded the inviolability of
the rights to life and dignity, and the prohibition of cruel, inhuman, or degrading
punishment under the 1993 Interim Constitution. Yet, the decision has remained
controversial, provoking debates about the tension between individual rights and
collective security, and the balance between retribution and human rights.
This essay critically examines the reasoning in S v Makwanyane, situates the decision
within broader scholarly debates on capital punishment, and reflects on its implications
for South Africa’s evolving constitutional jurisprudence. It argues that while the abolition
of the death penalty was a necessary affirmation of constitutional values, the judgment
continues to raise unresolved questions about deterrence, retribution, victims’ rights,
and the responsiveness of the justice system in a society struggling with high crime
rates.
Facts and Legal Context of S v Makwanyane
ASSIGNMENT 2 2025
UNIQUE NO.
DUE DATE: 2025
, MHR5904
Assignment 2 – 2024
Unique Number:
Essay on the Abolition of the Death Penalty in South Africa: A Critical
Examination of S v Makwanyane
Introduction
The Constitutional Court’s landmark decision in S v Makwanyane (1995) remains one of
the most influential judgments in South Africa’s legal history. The case not only
abolished the death penalty but also laid down foundational principles for the
interpretation of the new democratic Constitution. Delivered in the aftermath of
apartheid, the ruling was a bold assertion of South Africa’s commitment to human rights,
equality, and constitutional democracy. The judgment foregrounded the inviolability of
the rights to life and dignity, and the prohibition of cruel, inhuman, or degrading
punishment under the 1993 Interim Constitution. Yet, the decision has remained
controversial, provoking debates about the tension between individual rights and
collective security, and the balance between retribution and human rights.
This essay critically examines the reasoning in S v Makwanyane, situates the decision
within broader scholarly debates on capital punishment, and reflects on its implications
for South Africa’s evolving constitutional jurisprudence. It argues that while the abolition
of the death penalty was a necessary affirmation of constitutional values, the judgment
continues to raise unresolved questions about deterrence, retribution, victims’ rights,
and the responsiveness of the justice system in a society struggling with high crime
rates.
Facts and Legal Context of S v Makwanyane
