CONSTITUTION @ 30: From equal rights to the death penalty, seven Constitutional Court judgments that shaped SA
Over three decades, some Constitutional Court decisions have reached far beyond the people and disputes that first brought them there, changing laws, shifting government policy and leaving a mark on how South Africa works today. We look back at seven judgments whose impact is still being felt.
1. The case that ended the death penalty
In 1995, the Constitutional Court issued its first major judgment, S v Makwanyane and Another, which abolished the death penalty in South Africa. The court, led by its first president Arthur Chaskalson, unanimously ruled that the death penalty violated the Constitution's guarantee of the right to life and human dignity. This decision marked a significant shift in South Africa's criminal justice system, moving away from the oppressive legal system under apartheid towards one that prioritized human dignity and protected rights.
The judgment also demonstrated the Constitutional Court's readiness to challenge government policies, even when faced with public opposition.
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