Fugitives’ right to life on trial

2012-01-03 00:00

CHIEF Justice Mogoeng Mogoeng has instructed that the Constitutional Court will for the first time in 17 years reconsider the constitutionally entrenched right to life.

Since the court overturned the death penalty in 1995 this right has been seen as one of the most strictly protected in the Constitution, and despite repeated calls for the death penalty to be reinstated, the government has refused to consider this.

The specific aspect of the right to life that the court will consider is that of fugitive murderers from other countries who seek refuge in South Africa in the knowledge that South Africa’s authorities will not extradite them to stand trial if they could face the death penalty.

Two ministers, Nkosazana Dlamini-Zuma of Home Affairs and Jeff Radebe of Justice, have expressed their opinions on the issue in court papers submitted to Mogoeng.

They argue that South Africa’s stance makes the country an attractive haven for the most hardened murderers from other countries.

The ministers applied for leave to appeal the ruling by the high court in Pretoria that fugitive murderers cannot be sent back to Botswana, whose government refuses to guarantee that they will not face the death penalty.

The high court ruled that the right to life enshrined in the Constitution is guaranteed to all people in South Africa, which includes fugitives and refugees.

Radebe has asked that the Constitutional Court consider this clause with reference to whether it should apply to foreign fugitives from justice.

Mogoeng has instructed that arguments in the application for appeal be made before the 11 judges of the court on February 23.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.