constituting
inhuman
and
degrading
rarest
of
rare
cases
which
the
proposed
warrant
it.
treatment by the Constitutional Court
Because
in S v Makwanyane.
reintroduce
More
High
seek
to
penalty for crimes
in
2011,
the
South
which are not possible to be defined as
Court
in
South
Africa
‘the
recently
Gauteng
death
Bills
most
serious
crimes,”
that
undertook a detailed consideration of
phrase
the
law, these will, if passed, constitute a
right to life in the
extradition
Botswana,
context
of an
made
by
request
a State
which
is understood
as
breach
of
obligations
maintained
of
the death penalty. The South Gauteng
thereby
High Court described
international
Botswana
the
as “a
pariah state not synchronized with the
in international
international
the
subject
legal
Philippines,
the
and
Philippines
to
approbation
and
criticism.
majority of African countries that have
either
abandoned
implement
or are
the
refusing
death
to
To
clearly
penalty.”
The Court went on to note that “[i]n
South
Africa
regarded
as
[the death
a
cruel,
penalty]
inhuman
avoid
doubt,
and
unambiguously
Supreme
Court
and
- all narcotics crimes (including crimes
of
importation,
India
narrow
interpretation
“most
serious
of
the
a
phrase
« crimes
influence
involved sexual assault and murder of
«all
property
a minor child. The Court noted that the
crime
applied
only
to
manufacture,
aggravated
the
penalty
The
possession,
use,
or
« kidnapping;
case
death
crimes.”
adopted
supply,
maintaining “dens”);
of Maharashtrag, the
of
prohibits
is
distribution,
v. State
law
the imposition of the death penalty for:
degrading punishment.”
In Khade
international
the
32
of
of
by
a
crimes
“plunder”
as
being
under
narcotic
drug;
including
that
the
crime
is