[151]The following order is made:
1.
In terms of section 98(5) of the Constitution, and with effect from the date of this order, the provisions of paragraphs (a), (c), (d), (e) and (f) of section 277(1) of the Criminal Procedure Act, and all corresponding provisions of other legislation sanctioning capital punishment which are in force in any part of the national territory in terms of section 229, are declared to be inconsistent with the Constitution and, accordingly, to be invalid.2.
In terms of section 98(7) of the Constitution, and with effect from the date of this order:(a)
the State is and all its organs are forbidden to execute any person already sentenced to death under any of the provisions thus declared to be invalid; and(b)
all such persons will remain in custody under the sentences imposed on them, until such sentences have been set aside in accordance with law and substituted by lawful punishments.
A. Chaskalson
President, Constitutional Court
