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Legal Essay of S v Makwanye
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- University Of South Africa (Unisa)
Introduction to Research Methodology of Law Legal Essay
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LEGAL ESSAY OF S V MAKWANYANE AND ANOTHERBY
[TAVIA KIM PARKS] (12540110)
SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE
DEGREE LLB
IN THE
DEPARTMENT OF JURISPRUDENCE
SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: DR NQ MABEKA & PROF M SWANEPOEL & ADV K BOKABO
(ASSIGNMENT NUMBER 02)
2023
, Facts:
The accused; T. Makwanyane and Michunu were sentenced to death on the four
counts of murder, attempted murder and an additional count of robbery with
aggravated circumstance. The ruling was appealed but got rejected by the appellate
division of the Supreme Court. The attorney-general was in favour of the death penalty
and the issue was to be resolved by parliament. The interim Constitution was only
finalised in 1996 due to the attorney general’s argument regarding section 11(2).
Wealth had a major contribution as they could appoint legal representatives to engage
in the necessary research to prevent them from capital punishment, those in poverty
were more likely to receive the latter.
Legal Question:
- Is the death penalty constitutional ?
- What the constitution had to say about the death penalty
- Is the decision of life or death of a human being , for the state to decide?
- Was the death penalty within the meaning of section 11(2)?
- Was it justifiable as a penalty for murder and of its retention met the requirement
of section 33(1) ?
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