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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

S v Makwanyane and Another Case (S Afr)

South Africa [za]

Georgia Alida du Plessis

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 September 2019

Justice — Habeas corpus — Death penalty — Fair hearing and fair trial

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. The death penalty is a public policy issue that generates extensive scholarly research and legal attention ( Miller 1 ). It often provokes sharp conflict between competing constitutional interpretations. This was particularly true in the new Republic of South Africa, where the framers of the interim Constitution were deliberately silent about the death penalty ( Harcourt 255 ). 2. The case of S v Makwanyane and Another (6 June 1995) (S Afr) (hereinafter referred to as Makwanyane ) is one of the watershed cases (concerning the death penalty) of the new...
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