On merits
v.
Finds that the Respondent State did not violate the Applicant’s
right to be heard under Article 7(1) of the Charter;
vi.
Finds that the Respondent State did not violate the Applicant’s
right to equality before the law and to equal protection of the law,
under Article 3(1) and (2) of the Charter;
vii.
Finds that the Respondent State did not violate the Applicant’s
right to be tried within a reasonable time by an impartial court or
tribunal, under Article 7(1)(d) of the Charter;
viii. Finds that the Respondent State did not violate the Applicant’s
right not to be condemned for an act or omission which did not
constitute a legally punishable offence at the time it was
committed, under Article 7(2) of the Charter.
By a majority of Eight (8) for, and Two (2) against, Justice Blaise TCHIKAYA
and Justice Dumisa B. NTSEBEZA Dissenting with regard to the death
penalty
ix.
Finds that the Respondent State violated the Applicant’s right to
life under Article 4 of the Charter, in relation to the mandatory
imposition of the death penalty;
x.
Finds that the Respondent State violated the Applicant’s right to
dignity under Article 5 of the Charter, in relation to the method of
execution of the death penalty, that is, by hanging.
On reparations
Non-pecuniary reparations
xi.
Dismisses the Applicant’s prayer for his release from prison;
xii.
Orders the Respondent State to take all necessary measures,
through its internal processes and within one (1) year of the
notification of this Judgment, for the rehearing of the case on the
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