IRM1501
Assignment 2
Semester 1 – 2023
Facts of the case
In this case, two accused were convicted in the Witwatersrand Local Division of the
Supreme Court on four counts of murder, one count of attempted murder and one
count of robbery with aggravating circumstances. They were sentenced to death on
each of the counts of murder and to long terms of imprisonment on the other counts.
They appealed to the Appellate Division of the Supreme Court against the convictions
and sentences. The Appellate Division dismissed the appeals against the convictions
and came to the conclusion that the circumstances of the murders were such that the
accused should receive the heaviest sentence permissible according to law.
Legal question
The first legal question was the constitutionality of section 277(1)(a) of the Criminal
Procedure Act and the implications of section 241(8) of the Constitution.1 Would the
death penalty be an acceptable form of punishment, and would it be in line with the
Constitution?2 Whether the death penalty is consistent with the provisions of the
Constitution?3
1 S v Makwanyane and Another (CCT3/94) [1995] ZACC 3 [1].
2 S v Makwanyane and Another [2].
3 S v Makwanyane and Another [5].
Assignment 2
Semester 1 – 2023
Facts of the case
In this case, two accused were convicted in the Witwatersrand Local Division of the
Supreme Court on four counts of murder, one count of attempted murder and one
count of robbery with aggravating circumstances. They were sentenced to death on
each of the counts of murder and to long terms of imprisonment on the other counts.
They appealed to the Appellate Division of the Supreme Court against the convictions
and sentences. The Appellate Division dismissed the appeals against the convictions
and came to the conclusion that the circumstances of the murders were such that the
accused should receive the heaviest sentence permissible according to law.
Legal question
The first legal question was the constitutionality of section 277(1)(a) of the Criminal
Procedure Act and the implications of section 241(8) of the Constitution.1 Would the
death penalty be an acceptable form of punishment, and would it be in line with the
Constitution?2 Whether the death penalty is consistent with the provisions of the
Constitution?3
1 S v Makwanyane and Another (CCT3/94) [1995] ZACC 3 [1].
2 S v Makwanyane and Another [2].
3 S v Makwanyane and Another [5].
