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S v Makwanyane
''S v Makwanyane and Another'' (CCT 3/94) was a landmark 1995 judgement of the Constitutional Court of South Africa. It established that capital punishment was inconsistent with the commitment to human rights expressed in the Interim Constitution. The court's ruling invalidated section 277(1)(a) of the Criminal Procedure Act 51 of 1977, which had provided for use of the death penalty, along with any similar provisions in any other law in force in South Africa. The court also forbade the government from carrying out the death sentence on any prisoners awaiting execution,〔There were about 400 of them, a moratorium having been placed on executions since 1989 as part of the country's negotiated transition to democracy (Juta's Statutes Editors. ''The Constitution of the Republic of South Africa''. 9th Edition, 3rd Impression. Cape Town: Juta & Company, Ltd, 2010, p. xxxiii).〕 ruling that they should remain in prison until new sentences were imposed. Delivered on 6 June, this was the newly established court's "first politically important and publicly controversial holding."〔Juta's Statutes Editors, p. xxxiii.〕
== Chance ==
The Court held that, in practice, there was an element of chance at every stage of the process of implementing the death penalty:
The outcome may be dependent upon factors such as the way the case is investigated by the police, the way the case is presented by the prosecutor, how effectively the accused is defended, the personality and particular attitude to capital punishment of the trial judge and, if the matter goes on appeal, the particular judges who are selected to hear the case. Race and poverty are also alleged to be factors.〔''S v Makwanyane'' at 48.〕
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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