Should Capital Punishment Be Reinforced in South Africa?

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Should capital punishment be reintroduced in South Africa? Capital punishment, otherwise known as the death penalty, has been illegal in South Africa since June 6th 1995. The constitutional court abolished this act after facing the trial with S v Makwanyane (French, H. W; 1995). Makwanyane was an extremely significant landmark in South African history as his case influenced and affected the cases of prisoners in South African prisons from then on out. In this essay I shall aim to prove why it was a good idea to keep this act abolished and why this law should not be reinforced in South Africa. Unfortunately in South Africa, capital punishment has a long, calamitous history. It will never be an easy law to reinstate, as it is such a controversial subject. In South Africa, majority of our present/past decisions are/were influenced by the apartheid era. South Africans see the death penalty as a racial law and the public fear the racial implications it could rehash if the law were brought back. During the apartheid era, the whites [generally speaking] were in favour of capital punishment, whereas people of colour overwhelmingly opposed the law. (Omar, D.; 1997) During these years, blacks were not allowed positions in high court as judges or prosecutors and therefore whites filled out these positions. Blacks felt victimized by the legal system. Out of more than one hundred South Africans executed in 1988, only three were white (Battersby, J. D.; 1998) Fundamental or core values in our courts, which are identified in the Bill of Rights, are values which are beyond the reach of the votes of majorities in our country. (Omar, D.; 1997) This means that there are laws and ideas in our courts that are decided upon by the government and cannot be influenced by majoritarian principles (the opinions of many). The constitutional court therefore has the highest rule in our

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