Exam (elaborations)
IRM1501 Assignment 2 Semester 2 2023
- Course
- Institution
IRM1501 Assignment 2 Semester 2 2023
[Show more]
Seller
Follow
reinah44
Reviews received
Content preview
IRM1501Assignment
2 Semester
2 2023
, QUESTION 1
S v Makwanyane and Another (CCT3/94) 1995 ZACC 3 1
Facts of the case
Makwanyane and Mchunu, both were accused and were convicted by the court of
first instance on four counts of murder, one count of attempted murder and robbery
with aggravating circumstances. 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 the Constitutional Court Kentridge J described the acts of the accused
as ‘murders of horrifying callousness motivated by nothing but greed’. The trial
was concluded before the 1993 Constitution came into force, and so the question
of the constitutionality of the death sentence did not arise at the trial 2. 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.
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.
Historically, this judgment upon evil is the traditional, perhaps most traditional, duty
of judges. It may therefore be fitting that the Constitutional Court started its career
performing this rather unenviable but time-honoured function. 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. They were sentenced to death on each of
the counts of murder and to long terms of imprisonment on the other counts. They
appealed to the Appellate Division of the Supreme Court against the convictions
and sentences. 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.
1 Hereinafter referred to as the Makwanyane case.
2 Para 1-4 of Makwanyane case.
This study source was downloaded by 100000855277659 from CourseHero.com on 07-25-2023 04:35:42 GMT -05:00
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller reinah44. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now