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Read the following scenario and answer the question that follows by choosing the correct option:
Derek and Bongani are involved in a heated verbal dispute one evening, at a popular Johannesburg restaurant. The dispute continues outside the restaurant and turns into a physical altercation. Derek stabs Bongani in the chest. Unfortunately Bongani dies at the scene. Derek is charged with murder. He now fears that he will face the death penalty.
The case of S v Makwanyane and Another (CCT/3/94) 1995 (3) SA 391 (CC) decided that the death penalty: