LCP4807
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: August 2025
2 ESSAYS PROVIDED
LEGAL OPINION FOR THE MOVEMENT AGAINST DEATH PENALTY (MADP)
REGARDING THE CASE OF MR MBHEKWE V REPUBLIC OF KAMARARA
1. Introduction
This legal opinion examines whether the Movement Against Death Penalty (MADP) can take
the case of Mr Mbhekwe before the Human Rights Committee (HRC) under the International
Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols. The Republic
of Kamarara has ratified the ICCPR, the First Optional Protocol, and the Second Optional
Protocol, thereby binding itself under international law to respect, protect, and fulfil the civil
and political rights recognised in the Covenant.1
The facts indicate that Mr Mbhekwe was convicted of murder and sentenced to death under
Section 14 of the Criminal and Other Offences Act 15 of 1939 of Kamarara, which prescribes
a mandatory death penalty for murder. His appeals to the Supreme Court of Appeal and the
Constitutional Court were unsuccessful, with the latter finding that the mandatory death
penalty is consistent with the laws of Kamarara. MADP now wishes to bring the case before
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
2 ESSAYS PROVIDED
LEGAL OPINION FOR THE MOVEMENT AGAINST DEATH PENALTY (MADP)
REGARDING THE CASE OF MR MBHEKWE V REPUBLIC OF KAMARARA
1. Introduction
This legal opinion examines whether the Movement Against Death Penalty (MADP)
can take the case of Mr Mbhekwe before the Human Rights Committee (HRC) under
the International Covenant on Civil and Political Rights (ICCPR) and its two Optional
Protocols. The Republic of Kamarara has ratified the ICCPR, the First Optional
Protocol, and the Second Optional Protocol, thereby binding itself under international
law to respect, protect, and fulfil the civil and political rights recognised in the
Covenant.1
The facts indicate that Mr Mbhekwe was convicted of murder and sentenced to
death under Section 14 of the Criminal and Other Offences Act 15 of 1939 of
Kamarara, which prescribes a mandatory death penalty for murder. His appeals to
the Supreme Court of Appeal and the Constitutional Court were unsuccessful, with
the latter finding that the mandatory death penalty is consistent with the laws of
Kamarara. MADP now wishes to bring the case before the HRC, challenging the
compatibility of the death sentence with the ICCPR and its Optional Protocols.
The key legal questions concern (a) whether the case is procedurally admissible
before the HRC, (b) whether the facts disclose violations of rights protected by the
ICCPR, and (c) what remedies may be granted by the HRC if the complaint is
upheld.
2. Procedural Admissibility before the HRC
The First Optional Protocol to the ICCPR grants the HRC competence to receive and
consider individual complaints from persons claiming to be victims of violations of
ICCPR rights by a State Party that has ratified the Protocol. Kamarara has ratified
1
International Covenant on Civil and Political Rights (ICCPR) 999 UNTS 171, adopted 16 December 1966,
entered into force 23 March 1976.
Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: August 2025
2 ESSAYS PROVIDED
LEGAL OPINION FOR THE MOVEMENT AGAINST DEATH PENALTY (MADP)
REGARDING THE CASE OF MR MBHEKWE V REPUBLIC OF KAMARARA
1. Introduction
This legal opinion examines whether the Movement Against Death Penalty (MADP) can take
the case of Mr Mbhekwe before the Human Rights Committee (HRC) under the International
Covenant on Civil and Political Rights (ICCPR) and its two Optional Protocols. The Republic
of Kamarara has ratified the ICCPR, the First Optional Protocol, and the Second Optional
Protocol, thereby binding itself under international law to respect, protect, and fulfil the civil
and political rights recognised in the Covenant.1
The facts indicate that Mr Mbhekwe was convicted of murder and sentenced to death under
Section 14 of the Criminal and Other Offences Act 15 of 1939 of Kamarara, which prescribes
a mandatory death penalty for murder. His appeals to the Supreme Court of Appeal and the
Constitutional Court were unsuccessful, with the latter finding that the mandatory death
penalty is consistent with the laws of Kamarara. MADP now wishes to bring the case before
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
, For additional support +27 81 278 3372
2 ESSAYS PROVIDED
LEGAL OPINION FOR THE MOVEMENT AGAINST DEATH PENALTY (MADP)
REGARDING THE CASE OF MR MBHEKWE V REPUBLIC OF KAMARARA
1. Introduction
This legal opinion examines whether the Movement Against Death Penalty (MADP)
can take the case of Mr Mbhekwe before the Human Rights Committee (HRC) under
the International Covenant on Civil and Political Rights (ICCPR) and its two Optional
Protocols. The Republic of Kamarara has ratified the ICCPR, the First Optional
Protocol, and the Second Optional Protocol, thereby binding itself under international
law to respect, protect, and fulfil the civil and political rights recognised in the
Covenant.1
The facts indicate that Mr Mbhekwe was convicted of murder and sentenced to
death under Section 14 of the Criminal and Other Offences Act 15 of 1939 of
Kamarara, which prescribes a mandatory death penalty for murder. His appeals to
the Supreme Court of Appeal and the Constitutional Court were unsuccessful, with
the latter finding that the mandatory death penalty is consistent with the laws of
Kamarara. MADP now wishes to bring the case before the HRC, challenging the
compatibility of the death sentence with the ICCPR and its Optional Protocols.
The key legal questions concern (a) whether the case is procedurally admissible
before the HRC, (b) whether the facts disclose violations of rights protected by the
ICCPR, and (c) what remedies may be granted by the HRC if the complaint is
upheld.
2. Procedural Admissibility before the HRC
The First Optional Protocol to the ICCPR grants the HRC competence to receive and
consider individual complaints from persons claiming to be victims of violations of
ICCPR rights by a State Party that has ratified the Protocol. Kamarara has ratified
1
International Covenant on Civil and Political Rights (ICCPR) 999 UNTS 171, adopted 16 December 1966,
entered into force 23 March 1976.
