S v Masela (239/94)
S v Masela (239/94) [1997] ZASCA 90 (6 November 1997)
The conviction for murder is unassailable and stands. However, the death sentence, imposed before the Constitution, must be set aside in light of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The proper course is to remit the matter to the trial court for imposition of a fresh and competent sentence on the murder count.
Source excerpt
- Murder
- Death Penalty
- Constitutional Rights
- Remittal For Sentence