Death in Democracy
Pamela J Schwikkard
(2013) 25 SAcLJ 736
Abstract:
In South Africa, despite extensive constitutional safeguards, the number of people who die at the hands of the police or whilst in custody remains alarmingly high. Although the courts have demonstrated a commitment to upholding constitutional values, these values have had little traction in the criminal justice system. Possible explanations for the vulnerability of suspects, accused and convicted persons in South Africa include a social justice deficit and ambiguity in commitment to constitutional values by the Executive.