LCP4807 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
18 September
2025sCourse
[Document subtitle]
[School]
[Course title]
, LCP4807 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September
2025sCourse
International Human Rights Law (LCP4807)
Institution
University Of South Africa (Unisa)
Book
International Human Rights Law
LCP4807 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025;
100% TRUSTED Complete, trusted solutions and explanations.
The Republic of Kamarara is an African country with a constitution that includes the Bill of
Rights, and it was adopted in 1990. Kamarara has ratified the major United Nations (UN) human
rights instruments such as the Universal Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR) (including its two Optional
Protocols). On 16 May 2015, a pregnant woman was raped and murdered near Mazara village in
the Republic of Kamarara. Mr Mbhekwe was accused of committing the crime and brought to
trial. He denied the offence. On 15 June 2017 the High Court in Kamarara convicted him of the
crime of murder and sentenced him to death, the only sentence available for the offence of
murder under the Kamarara penal law. According to Section 14 of the Criminal and Other
Offences Act 15 of 1939 of Kamarara “a person convicted of murder is liable to suffer death.” Mr
Mbhekwe claims that the death sentence as provided for in the Criminal and Other Offences Act
is unconstitutional and violates a number of human rights as provided for in the Constitution of
Kamarara as well as international human rights instruments that Kamarara has ratified. He then
appealed to the Supreme Court of Appeal and challenged the conviction and sentence. On 15
May 2018, the Supreme Court of Appeal dismissed the appeal both on the conviction and the
sentence. Mr Mbhekwe further appealed to the Constitutional Court which is the highest court
in Kamarara against the conviction and sentence. On 19 June 2019, the Constitutional Court
dismissed the appeal against the conviction and rejected the merits of the author’s challenge to
the constitutionality of the mandatory death penalty, by holding that the mandatory death
sentence for murder was consistent with the laws of Kamarara. 2 The Movement Against Death
Penalty (MADP) an International Non-Governmental-Organisation which provides legal
representation and assistance to individuals facing death penalty would like to institute legal
proceedings against the Republic of Kamarara on behalf of Mr Mbhekwe. MADP would like to
take the matter to the Human Rights Committee (HRC). They approach you as an expert in
international human rights law for advice. Using the ICCPR and its two optional protocols advise
MADP. In your advice/legal opinion reflect on whether MADP can take the case to the HRC and
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
18 September
2025sCourse
[Document subtitle]
[School]
[Course title]
, LCP4807 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September
2025sCourse
International Human Rights Law (LCP4807)
Institution
University Of South Africa (Unisa)
Book
International Human Rights Law
LCP4807 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 September 2025;
100% TRUSTED Complete, trusted solutions and explanations.
The Republic of Kamarara is an African country with a constitution that includes the Bill of
Rights, and it was adopted in 1990. Kamarara has ratified the major United Nations (UN) human
rights instruments such as the Universal Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR) (including its two Optional
Protocols). On 16 May 2015, a pregnant woman was raped and murdered near Mazara village in
the Republic of Kamarara. Mr Mbhekwe was accused of committing the crime and brought to
trial. He denied the offence. On 15 June 2017 the High Court in Kamarara convicted him of the
crime of murder and sentenced him to death, the only sentence available for the offence of
murder under the Kamarara penal law. According to Section 14 of the Criminal and Other
Offences Act 15 of 1939 of Kamarara “a person convicted of murder is liable to suffer death.” Mr
Mbhekwe claims that the death sentence as provided for in the Criminal and Other Offences Act
is unconstitutional and violates a number of human rights as provided for in the Constitution of
Kamarara as well as international human rights instruments that Kamarara has ratified. He then
appealed to the Supreme Court of Appeal and challenged the conviction and sentence. On 15
May 2018, the Supreme Court of Appeal dismissed the appeal both on the conviction and the
sentence. Mr Mbhekwe further appealed to the Constitutional Court which is the highest court
in Kamarara against the conviction and sentence. On 19 June 2019, the Constitutional Court
dismissed the appeal against the conviction and rejected the merits of the author’s challenge to
the constitutionality of the mandatory death penalty, by holding that the mandatory death
sentence for murder was consistent with the laws of Kamarara. 2 The Movement Against Death
Penalty (MADP) an International Non-Governmental-Organisation which provides legal
representation and assistance to individuals facing death penalty would like to institute legal
proceedings against the Republic of Kamarara on behalf of Mr Mbhekwe. MADP would like to
take the matter to the Human Rights Committee (HRC). They approach you as an expert in
international human rights law for advice. Using the ICCPR and its two optional protocols advise
MADP. In your advice/legal opinion reflect on whether MADP can take the case to the HRC and
