On this Human Rights Day, Mrs Nokuthula Rwasabisi shares her notes on the Court case that abolished the death penalty.

In 1995, the Constitutional Court declared the death penalty to be unconstitutional and abolished it in the country. The landmark decision in the case of State v. Makwanyane and Another was based on the principles of human dignity and the prohibition of cruel, inhuman, and degrading punishment enshrined in the South African Constitution. The court held that the death penalty violated these principles and failed to demonstrate its necessity or effectiveness in preventing crime. The decision marked a significant milestone in South Africa’s transition to democracy and highlighted the country’s commitment to protecting human rights.

While there is still much work to be done, the decision in the S v Makwanyane case serves as a powerful reminder of the importance of treating all people with dignity and respect, including those who are incarcerated or facing the death penalty. 

As we reflect on the achievements and challenges of the past, let us renew our commitment to building a more just and humane society, where the rights and dignity of all are protected and respected.