![]() ![]() Counsel for the accused was invited by the Appellate Division to consider whether this provision was consistent with the Republic of South Africa Constitution, 1993, which had come into force subsequent to the conviction and sentence by the trial court. 51 of 1977 prescribes that the death penalty is a competent sentence for murder. Section 277(1)(a) of the Criminal Procedure Act No. 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. They appealed to the Appellate Division of the Supreme Court against the convictions and sentences. They were sentenced to death on each of the counts of murder and to long terms of imprisonment on the other counts. It may therefore be fitting that the Constitutional Court started its career performing this rather unenviable but time-honoured function.Įxcerpt from the judgement: Download the Case here:ĬHASKALSON P: The two accused in this matter 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. Historically, this judgment upon evil is the traditional, perhaps most traditional, duty of judges. Throughout most of human history, it has been the difficult and distressing task of judges to deal with inhuman acts committed by humans and to make decisions about the fate of those members of society who have committed ‘evil’ acts. ![]() Although the Makwanyane case is generally regarded as a landmark decision in South African legal history, the facts are sadly, in general terms, neither new nor unique. In the Constitutional Court Kentridge J described the acts of the accused as ‘murders of horrifying callousness motivated by nothing but greed’. ![]() Upon appeal the Appellate Division came to the conclusion that the circumstances of the murders were such that the accused should receive the heaviest sentence permissible by law, at that stage, the death penalty. In S v Makwanyane & Another, the accused, Makwanyane and Mchunu, were convicted by the court a quo on four counts of murder, one count of attempted murder and robbery with aggravating circumstances. ![]()
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