S v Makwanyane and Another 1995 (6) BCLR 665 (CC)

Findings: The facts of the case, in which Makwanyane had been sentenced to death, were not directly relevant: the core issue was what bearing the interim Constitution had on the death penalty. Did the death penalty violate sections 9, 10 and 11(2), which guaranteed every individual the right to life, the right to dignity and the right to be free from torture and cruel punishment? In its judgment, the Court unanimously found that the death penalty was indeed unconstitutional.