On jurisdiction i. Declares that it has jurisdiction. On admissibility ii. Declares that the Application is admissible. On the merits iii. Holds that the Respondent State did not violate the Applicant’s right to a fair trial under Article 7(1) of the Charter; By a majority of eight Judges for and two Judges against, Justices Dumisa B. NTSEBEZA and Blaise TCHIKAYA dissenting, iv. Holds that the Respondent State violated the Applicant’s right to life protected under Article 4 of the Charter in relation to the mandatory imposition of the death penalty by failing to allow the judicial officers discretion to take into account the nature of the offence and the circumstances of the offender; v. Holds that the Respondent State violated the right to dignity and not to be subjected to cruel, inhuman or degrading punishment and treatment guaranteed under Article 5 of the Charter in relation to the imposition of the death penalty by hanging. Unanimously, On reparations Pecuniary reparations vi. Does not grant reparations for material prejudice. 22