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Criminal Law Amendment Act, 1997
The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in ''S v Makwanyane'' in which capital punishment was declared to be unconstitutional. The act repealed the laws allowing for the death penalty and amended various other laws referring to death sentences or capital offences. It also established a procedure by which existing death sentences could be converted to prison sentences, and fixed minimum sentences for certain serious crimes. The act came into force on 13 November 1998, except for the minimum sentencing provisions, which came into force on 1 May 1998.
==Background==
The Interim Constitution of South Africa, which came into force on 27 April 1994, created for the first time in South Africa a justiciable bill of rights; section nine of that bill of rights stated that, "Every person shall have the right to life." The Constitutional Court was also created by the Interim Constitution; the first case on which it heard argument was ''S v Makwanyane and Another'', a test case to determine the constitutionality of the death penalty. On 6 June 1995 the court handed down its judgment, ruling that the death penalty violated the right to life, the right to dignity, and the protection against cruel and inhuman punishment. The judgment invalidated the provisions in the Criminal Procedure Act that allowed for capital punishment, and any similar provision in any other law in force. The court also ruled that prisoners already sentenced to death could not be executed, and that they should remain in prison until their sentences were set aside and replaced according to law.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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