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4 S. Afr. J. Crim. Just. 187 (1991)
Mr. Justice Braam Lategan, the Appellate Division and the Abolitionists

handle is hein.journals/soafcrimj4 and id is 195 raw text is: COMMENTS AANTEKENINGE

Mr Justice Braam Lategan, the Appel-
late Division and the abolitionists
JANOS MIHALIK
University of Bophuthatswana
ntroduction
Writing for a popular South African newspaper, a well-known political
scientist Professor Herman Giliomee remarked that '[a]lmost unnoticed,
South Africa has got itself in a situation where it is hanging people at a rate
which would cause even the most sordid banana republic to hang its head
in shame' (H Giliomee 'Hanging question over SA' Sunday Times
22 August 1988). Giliomee's voice was one of many raised again during
the second half of 1988 against the death penalty after a long abolitionist
silence on this issue.
The immediate cause for this renewed public concern seems to have
been the public debate and international pressure concerning the death
sentences passed on the 'Sharpeville Six' and the pleas for clemency for
four white policemen who were awaiting execution for murder. Laurence
points out: 'Hanging, like most issues in South Africa, has been politi-
cised. The intensification of South Africa's conflict has brought an
increasing number of politically motivated people into the shadow of, and
sometimes on to, the gallows' (P Laurence 'Dispute throws harsh light on
the scaffold' The Star 25 November 1988). An immediate result of this
campaign was the reviving of South Africa's abolitionist movement which
was founded by the late Professor Barend van Niekerk in the late sixties.
The 'victim'
One of the first 'victims' of this renewed crusade was Mr Justice Braam
Lategan who became the centre of controversy and the focus of some of

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