Petition To Bring Back Capital Punishment in South Africa For Violent Crimes

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The Issue

 CONSTITUTIONAL AMENDMENT PETITION : The Justice, Accountability, and Public Trust Constitutional Amendment To: The Speaker of the National Assembly and the Chairperson of the National Council of Provinces (NCOP)Presented by: Citizens of the Republic of South Africa

1. THE PREAMBLE & OBJECTIVE

We, the undersigned citizens of South Africa, petition Parliament to amend Chapter 2 (The Bill of Rights) of the Constitution of the Republic of South Africa, 1996. The objective of this petition is to reinstate the death penalty as a lawful sentencing option, subject to a strict dual-standard of justice: For the Public : Capital punishment shall be reserved strictly for aggravated violent crimes (premeditated murder, rape, serial rape, serial murder). It is explicitly barred from being used for petty or ordinary non-violent crimes. For the State: Any politician or government official who betrays the public trust by stealing massive amounts of public funds shall be charged with Economic High Treason and face the death penalty.

2. SUMMARY OF THE PROPOSED AMENDMENTS

To make this law work, Parliament must amend Sections 10, 11, and 12 of the Bill of Rights to include specific Limitation and Exception Clauses: Amendment to Section 11 (Right to Life): "Everyone has the right to life. However, a court of law may impose the death penalty on persons convicted of aggravated violent crimes (including premeditated murder, rape, serial rape, serial murder) or high treason. High treason shall legally include Economic High Treason committed by public officials. Capital punishment is strictly prohibited for non-violent, white-collar, or petty offences committed by ordinary citizens". Amendment to Section 10 (Human Dignity): "Everyone has inherent dignity. The lawful execution of a death sentence handed down by a high court for violent crimes or high treason shall not be deemed a violation of this right". Amendment to Section 12 (Freedom and Security of the Person): "Everyone has the right not to be punished in a cruel, inhuman or degrading way. A lawful sentence of death passed under the strict criteria of Section 11 shall not constitute cruel, inhuman, or degrading punishment".

3. ANTI-ABUSE & LEGAL SAFEGUARDS

To ensure that this law cannot be weaponized by politicians against political rivals or ordinary citizens, this petition demands the following statutory safeguards be codified into law alongside the amendment: The Politician Clause (Economic High Treason): Applies strictly to Politically Exposed Persons (PEPs), including MPs, Ministers, Mayors, and Executives of State-Owned Enterprises. The Monetary Threshold: Economic High Treason shall only apply to the deliberate embezzlement, theft, or misappropriation of state resources exceeding a statutory threshold of R50 million.Independent Oversight: Charges of Economic High Treason may only be prosecuted following an independent finding by the Auditor-General, the Public Protector, or a designated judicial commission. Judicial Guarantee: The death penalty can never be mandated automatically. It may only be handed down at the discretion of a High Court judge after all automatic rights of appeal to the Supreme Court of Appeal and Constitutional Court have been exhausted.

 

The Decision Makers

Ms Refilwe Mtshweni-Tsipane
Ms Refilwe Mtshweni-Tsipane
Chairperson of The National Council Of Provinces (NCOP)
Thoko Didiza
Thoko Didiza
Speaker Of The National Assembly South Africa

Petition Updates