LCP4807
Assignment 2 Semester 2 2025
Unique Number:
Due Date: 18 September 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
Terms
penalty is consistent with the laws of Kamarara. MADP now wishes to bring the case of use
before
By making use of this document you agree to:
the HRC, challenging the compatibility of the death sentence with the ICCPR and its
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
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. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 2 2025
Unique Number:
Due Date: 18 September 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
Terms
penalty is consistent with the laws of Kamarara. MADP now wishes to bring the case of use
before
By making use of this document you agree to:
the HRC, challenging the compatibility of the death sentence with the ICCPR and its
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
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. Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
