REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA “We as a nation have chosen to walk the path of the advancement of human rights. By adopting the Constitution we committed ourselves not to do certain things. One of those things is that no matter who the person is and no matter what the crime is that he is alleged to have committed, we shall not in any way be party to his killing as a punishment and we will not hand such person over to another country where to do so will expose him to the real risk of the imposition and execution of the death penalty upon him. This path that we, as a country, have chosen for ourselves is not an easy one. Some of the consequences that may result from our choice are part of the price that we must be prepared to pay as a nation for the advancement of human rights and the creation of the kind of society and world that we may ultimately achieve if we abide by the constitutional values that now underpin our new society since the end of apartheid. If we as a society or the State hand somebody over to another State where he will face the real risk of the death penalty, we fail to protect, respect and promote the right to life, the right to human dignity and the right not to be subjected to cruel, inhuman or degrading treatment or punishment of that person, all of which are rights our Constitution confers on everyone.”35 44. The Tsebe judgment reinforced an earlier precedent-setting judgment handed down by the Constitutional Court in the matter of Mohamed v President of the Republic of South Africa.36 The case involved Khalfan Mohamed, who was wanted by the United States in connection with the bombing of its embassy in Tanzania in 1998. The Constitutional Court ruled in the Mohamed case, that even if there was an extradition agreement between South Africa and the USA, he could not be handed over without an assurance that he would not face the death penalty. In the Tsebe judgment, the Court went further than in Mohamed to require not only that the South African Government seek the assurance that an extradited person will not face the death penalty, but also obtain that assurance, failing which extradition could not be granted. Article 5: Right to dignity, prohibition of torture and slavery 45. Human dignity is a core value of our Constitution. It is central to the founding provisions of section 1 and section 10 of the Bill of Rights.37 The right to dignity is at the heart of the right not to be tortured or to be treated or punished in a cruel, inhuman or degrading way.38Section 12(1) of our Constitution further states that everyone has the right to freedom and security of person which includes the right to be free from all forms of violence, not to be tortured in any way and not to be treated or punished in a cruel, inhuman or degrading way. Legislative and policy measures to prevent and combat torture and cruel, inhuman and degrading punishment 35 Para 67, 68 2001 (3) SA 893 (CC) 37 S 10. “Everyone has inherent dignity and the right to have their dignity respected and protected.” 38 S v Makwanyane 1995 (3) SA 391 (CC) 36 18