Majority judgment by Kriegler (Ackermann, Chaskalson, Madala, Mahomed and O'Regan concurring) separate concurrences by Didcott, Kentridge, Langa and Sachs (Mokgoro concurring).Įxecutive Council of the Western Cape Legislature and Others v President of the Republic of South Africa and Othersġ6 August, 30 August and 14 September 1995 The judges were unanimous on the invality of the existing laws but divided on whether it could potentially be constitutional to imprison a debtor who was able to pay but refused. The court ruled that the imprisonment of judgment debtors who fail to pay is unconstitutional. The court found judicial corporal punishment to be unconstitutional because it violates the constitutional right to human dignity and the protection against cruel, inhuman or degrading punishment.Ĭoetzee v Government of the Republic of South Africa Matiso and Others v Commanding Officer, Port Elizabeth Prison, and Others The question was the same as that answered in S v Mhlungu and Others. The court rejected the case on the basis that it had not been competently referred from the High Court. Majority judgment by Mahomed (Langa, Madala, Mokgoro and O'Regan concurring) separate concurrences by Kriegler and Sachs dissent by Kentridge (Ackermann, Chaskalson and Didcott concurring). The court interpreted a transitional provision in the Interim Constitution relating to the handling of criminal cases that were pending when that constitution came into force on 27 April 1994, holding that such cases were subject to the human rights protections in the Interim Constitution despite a clause appearing to exclude them. Leading judgment by Chaskalson separate concurrences by each judge. The court found capital punishment, except possibly for cases of treason in time of war, to be unconstitutional. The court held that this reverse onus was unconstitutional because it infringed on the right to a fair trial. A section of the Criminal Procedure Act provided that a confession recorded by a magistrate would be presumed to be made voluntarily unless the defendant could prove otherwise.
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