In S v Makwanyane and Another 1995 (3) SA 391 (CC), the Constitutional Court found that the death penalty, provided for in section 277 of the Criminal Procedure Act, was per se unconstitutional. I

In S v Makwanyane and Another 1995 (3) SA 391 (CC), the Constitutional Court found that the death penalty, provided for in section 277 of the Criminal Procedure Act, was per se unconstitutional. It therefore declared section 277(1) invalid.

$$\text{per se}$$