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In vi ew of the above directive the handing down of judgment in this case was
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postponed pending the completion of Case No. 50115. The matter however dragged on and on
until it was eventually struck of the roll on 1 January 2017 thereby paving way for the
comp let ion and delivery of judgment in this case.
The application is in terms s 85 (1) (a) and (d) ofthe Constitution wh ich entitles
both natural and juristic subjects to approach this court for relief as a court of first instance
whenever their fundamental human rights enshrined in Chapter 4 have been infringed or
threatened.
All the fifteen applicants are condemned prisoners on death row awaiting
execution after being sentenced to death by the High Court. They have been on death row for
varying periods of time ranging from 2 to 18 years of incarceration.
They have now approached this court complaining that the length of their stay
on death row is an affront to their human dignity and freedom from torture or cruel, inhuman
or degrading treatment or punishment in violation of ss 51 and 53 of the Constitution.
Section 51 provides that:
"51 Right to human dignity
Every person has inherent dignity in their private and public life, and the right to have
that dignity respected and protected."
Section 53 goes on to protect subjects against torture, cruel, inhuman and
degrading treatment or punishment. It provides that:
"53
Freedom from torture or cruel, inhuman or degrading treatment or
punishment
No person may be subjected to physical or psychological torture or to cruel, inhuman
or degrading treatment or punishment."
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