Multiculturalism, Democratic Citizenisation and the Case of the Death Penalty in South Africa

Abstract The aim of this article is to theorise the use of the term “multiculturalism” in conflict and functionalist perspectives in sociology, and to argue for the use of the functionalist approach in understanding the current state of abolitionism in South Africa. The conflict perspective emphasises that multicultural societies are characterised by increasing conflicts and tensions among groups. The functionalist perspective posits that multiculturalism has a positive function in society because it promotes social stability and social solidarity. The argument of this article is that multiculturalism is built on conflict or diversity as much as on solidarity. This all-inclusive approach to multiculturalism—multiculturalism which stands for both conflict or diversity and solidarity—is analysed through the official documents of the Constitutional Court of South Africa presented in the case of Makwanyane in June 1995, an important case in South Africa’s legal history because it ruled the death penalty unconstitutional.