Death of the Death Penalty in South Africa
"Everyone, including the most abominable of human beings, has the right to life, and capital punishment is therefore unconstitutional."
With these words, Chief Justice P. Chaskalson ensured on 6 June 1995 that the death penalty came to its end in South Africa, a third-world country by many standards. Once the leader in capital executions (one every second day), it became an example to many in including a few words in its Constitution (Bill of Rights Section 11): "Everyone has the right to life".
( the full text of his judgement can be read at http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/J-CCT3-94)
(the text of the SA Constitution can be read at http://www.info.gov.za/documents/constitution/)
As the years progressed, those sentenced to death before this landmark decision were granted substitute sentences.
(the full text of this judgement can be read at http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/J-CCT45-04)
South Africa refused to extradite those sought in countries that upheld the death penalty, in this case the State of New York.
(see http://www.constitutionalcourt.org.za/uhtbin/hyperion-image/S-CCT17-01)
No longer will South Africa seek to murder its people or allow any citizen of another country, who is on SA soil, to be murdered in this way!
posted by Doc T @ 11:00 AM
13 Comments:
The UK was I believe one of the first country's to refuse extradition to a country that would execute a person, which was why quite a few ANC supporters lived here during the evil apartheid regime.
The UK refuses to send back any person who may be executed or tortured, I believe under a UN Convention of human rights. When a known murderer was being sort for extradition to Texas, the only way it was granted, was with a fully sworn affidavit to say the Death Penalty would not be given only life imprisonment if found guilty.
It is nice to live in a country that will not support the death penalty, if now we could only get it abolished world wide huh?
Hi EB! You are absolutely right! The UK refused to extradite those SA was seeking to prosecute. I join with you in attempting to abolish the death penalty world-wide. Thank you for visiting my blog.
It is interesting to see the way that South African law developed a gradually increasing mechanism of punishment substitution, that met the legal problem of what to do with those previously sentenced to death in an environment leading to abolition. It must be difficult to cater for all legal sides in a very short period of time when human nature itself takes a long time to let go (of e.g. revenge.) But a model the Americans could work with if the will-power is developed to do it.
Doc,
Is J'burge still a very violent city? A friend came back from there 12 months ago and was advised not to walk the city, but take taxis?
How is this being tackled, Doc?
Hi John,
Yes, it is very difficult to change all legal avenues that were in existence before. We only became a democracy 12 years ago and it has been uphill all the way. But, fortunately, we have very dedicated teams of "legal eagles" that work together (lawmakers) and we are achieving the goals we set in 1994. The crux of the matter is, we don't want repetitions of the past. It was VERY violent and unfair.
Hi EB!!
Yes, Johannesburg has become a very violent place. That is the city centre, not the outlying areas. You get mugged for fun there! No jokes! That is where my Dad and Sister were killed.
With the Apartheid (segregation) era, the cities were taboo to races other than whites. The blacks/coloureds were segregated in townships. When we became a democracy, all areas were thrown open and Jo'burg had a sudden influx of black people, especially Nigerians, who are the main drug lords in SA.
It is a problem and we have started with stricter border controls and also stricter visa controls. However, it will take the best of two generations to remove the mindsets of the past legacy of Apartheid (segregation).
I stay in Cape Town, on the most southern point of Africa/South Africa. It is totally different than Jo'burg.
If your friend is white, I have to unfortunately advise him the same. It is very dangerous for a white person to roam the streets of Jo'burg. It is getting better, due to stricter police and security presence but it will, as I said, still take a long time to achieve the peace we want there. The segregation wounds are still very raw.
I hope I answered your question? Thanks for supporting my blog!
Doc that is so sad,
Our Church supports a few Church in SA, in the Transvaal, and in a few other area's, Black Townships.
It is so sad that evil apartheid regime is taking so long to break down and get over, I Pray that God will Bless South Africa and let peace reign there, that the Church will grow and people will see God as the way forward and not revenge or Violence.
The violence is a pity isn't it. It always makes it harder for moderate politicians to thrive against fascist or hard line politicians when there is extensive unrest. The same sort of thing happened in Spain when Franco died. The fascists wanted to regain control and stop the democratic process. Fortunately, democracy won. It took Spain 20 years to be sure that there would never be another coup attempt. Now, it would be unthinkable and impossible. In fact a colonel or major, I can't remember offhand, who last year suggested that the Spanish Army should retake areas if the North were politically separated, is now enjoying prison life !!
Hi EB! Thank you for that EXCELLENT post! If I may ask, which church group are you from? I know most of them, as I work very actively with them. Yes, EB, it is the ONLY solution to the EVIL of the old apartheid system!! The churches are playing a major role here and they are the major advocates for peace and reconciliation. In fact, Bishop Tutu of the Anglican Church is the Chairman of the Truth and Reconciliation Commission. I sat there seeing how this man broke down after hearing the atrocities during this regime!
I thank you for your blessing over my country. It is one of the most beautiful countries and it would be so great if its citizens can all work together to build it further! I know this will happen...maybe not in my lifetime or my sons' lifetimes but I know...IT WILL HAPPEN!!
Thank you for supporting my blog!
Blessings to you and yours!
Hi my good Friend John! Yes, the same happened here when the radical right-wing group, the Afrikaner Resistance Movement (AWB) tried to intervene in the process. They prosecuted its leader, Eugene Terreblanche, for assault and locked him away for 6 years! He wipped a young black boy. This Government is not taking anyone's shi'ite anymore! Another radical white-supremacy group tried to rise, staging an armed hold-out, but it was quelled and they were locked away. There is a case currently before the courts where white ex-SpecOp soldiers were gathering cahes of arms and ammo but they were caught and the case is now before the courts. I fought with some of these guys in the wars and it is heart-rendering to see your old friends in the dock in court! Yeah, I am a "whitey" in this country but, for my sons' sake and for the sake of peace, I learned to put my prejudice, taught to me by ignorant parents, aside and move towards a better future for all. By doing this, I have a much richer life and enjoy the diversity that the interaction with other ethinic groups are bringing. We can all do it..yes we can!!
A last note...if South Africa could sit down and decide to abolish a human killing-machine called Apartheid, thereby also sweeping the death penalty under the carpet, others can do it!
Hello Doct I can imagine it must leave a sour taste in the mouth to see old friends in the dock. But I am sure that you have many other friends who are not in the dock!! It is on the basis of old loyalties die hard, that in Spain, the military is prohibited in getting involved with, and making political statements on, internal politics. It's an insurance policy that has worked. Democracy, for all its problems, has remained firmly in charge and people feel very safe with that despite the grumbles. Yes there is more small scale crime but that is a small price to pay when compared with the horrors of fascism.
I am involved the Baptist Church, I know we as group are involved very deeply with SA, and quite a few other African Countries.
As John says it must be very hard to see old friends in court, and in a way I know what that is like...I used to do some not very nice things before I became a Christian, and friends from my old life have ended up dead and in jail. But I have chosen a differnt path now, and so have you, God is with you Doc, and knowing that you must keep going forward and look to the future, the past is gone. As Jesus said to his disciples "let the Dead bury the Dead, we are here for the living and those that need us now"
The past is over Doc, There is a New and better South Africa, and you have a heart for that future, go with the Lord and your Heart.
Hi John/EB!
Thanks for the posts, guys!
Yeah, it is hard to see friends in the dock but not hard to be against that which they have done. They chose that path, they must pay the price. That is the law.
I know your church very well, EB. I am with Church of England in SA. I have lots of interaction with the Baptist groups here, as they are the most active in the reconciliation process.
I turned my life around prior to 1994, which was the dawn of democracy in SA. Today, I work for the human rights of all, not only in this country but also worldwide. Our blood shows the same red, even if our skins might be a different hue.
You are right EB, I have a heart for peace, reconciliation and a future according to God's Will and Way. Yeah, the past is gone and we can only learn from its mistakes...
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