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State v Makwanyane and another 1995 (Death penalty)

Case CCT 3/94: Constitutional Court of South Africa

THE STATE

versus

T MAKWANYANE AND M MCHUNU

Heard on : 15 February to 17 February 1995
Delivered on : 6 June 1995

Law and Freedom

Director: Zackie Achmat

Video clipPart 1: Who Was Mrs Komani? relates the dramatic cases that led to the abolition of the death penalty and the decriminalisation of sodomy, a ruling that acknowledged the equality of gay and lesbian people. These judgments stand in contrast to the legal execution, harassment and persecution of apartheid era law. However, even under apartheid, as human rights lawyer Geoff Budlender explains: "Law was a limit on power" and so spaces arose in which people could use the law to contest the abuse of power. One key example explored in the film is that of Mr and Mrs Komani whose 1980 case was a key cause of the collapse of the hated Pass Laws. Who Was Mrs. Komani? brings to light the people who made possible these cases which have dramatically affected the lives of our people and the history of our country.

~06-06-1995