Is it time to bring back the death penalty in South Africa?

SK

Sara-Jayne Makwala King

13 June 2025 | 10:33

Sparked by the murders of several young women, growing public outrage is fuelling renewed calls for the return of capital punishment in South Africa.

Is it time to bring back the death penalty in South Africa?

Picture: Pixabay.com

702 and CapeTalk's Aubrey Masango is joined by Acting Judge of the Labour Court and Director at Bongani Khanyile Ka Luthuli Attorneys, Bongani Khanyile Ka Luthuli.

Listen below:

Over 300,000 South Africans have signed a petition calling for the death penalty to be reinstated, in the wake of several high-profile murders and acts of violence against women in the country.

The petition was established after the rape and murder of UCT student, Uyinene Mrwetyana at a post office in Cape Town.

RELATED: Should South Africa bring back the death penalty?

With the dawn of democracy, the death penalty was abolished in South Africa on 6 June 1995 by the Constitutional Court.

But the debate about its possible restitution has begun to gain momentum.

Khanyile Ka Luthuli says that while the topic is an emotive one, rationality must guide discussions about its application within our legal framework.

"There is a need to discuss capital punishment... whether we should go back to that capital punishment is another thing all together."
- Bongani Khanyile Ka Luthuli, Acting Judge of the Labour Court & Director at Bongani Khanyile Ka Luthuli Attorneys
"There's an argument to say we can't regress, but I respect the growing debate around it."
- Bongani Khanyile Ka Luthuli, Acting Judge of the Labour Court & Director at Bongani Khanyile Ka Luthuli Attorneys

One of the issues to consider is whether capital punishment is unAfrican.

Ka Luthuli says history suggests so...

"It was introduced to us by colonial powers in 1652, which means it's not an intrinsically African thing."
- Bongani Khanyile Ka Luthuli, Acting Judge of the Labour Court & Director at Bongani Khanyile Ka Luthuli Attorneys

Another issue to consider is that of sound convictions, and the possibility of innocent people being sent to their deaths.

"I'm worried about evidence itself not being the holy grail. There's a lot of wrongful convictions, people have gone to jail for years... and the finality of it, you can't reverse it."
- Bongani Khanyile Ka Luthuli, Acting Judge of the Labour Court & Director at Bongani Khanyile Ka Luthuli Attorneys

Do you support the return of the death penalty to South Africa? Scroll up to listen to the full conversation from The Aubrey Masango Show.

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