Relevant bibliographies by topics / Amendment act 32 of 2007

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Academic literature on the topic 'Amendment act 32 of 2007'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Amendment act 32 of 2007"

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Stevens, Philip. "RECENT DEVELOPMENTS IN SEXUAL OFFENCES AGAINST CHILDREN – A CONSTITUTIONAL PERSPECTIVE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 26, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a724.

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This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The latter is addressed against the backdrop of the Constitutional Court judgments in Teddybear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR) 327 (CC) and J v National Director of Public Prosecutions 2014 (2) SACR (CC). These two judgments had a profound impact in terms of shaping newly formulated sexual offences in line with constitutional principles ultimately culminating in the enactment and commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015. The approach by the Constitutional Court in both of the abovementioned judgments is discussed and assessed. An analysis is provided of the Amendment Act with specific reference to its impact on sexual offences against children.
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Siagian, Faisal Fahmi, and Jamilah Jamilah. "Tinjauan Yuridis Terhadap Alasan Penerbitan Peraturan Pemerintah Pengganti Undang Undang Nomor 1 Tahun 2014 Tentang Pemilihan Kepala Daerah." JUNCTO: Jurnal Ilmiah Hukum 2, no. 1 (July 6, 2020): 78–86. http://dx.doi.org/10.31289/juncto.v2i1.238.

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Government Regulation in Lieu of Law (Perpu) is one type of statutory regulation that must exist in the legal system of the Republic of Indonesia as one of the logical consequences of adopting a presidential system in the government of the Republic of Indonesia whose existence is always maintained throughout the Indonesian constitution. This type of research is normative juridical research and is descriptive qualitative in nature. Data collection methods are library research and field study. The affirmation of the benchmarks of the establishment of the Government Regulation in lieu of this Act has a fundamental difference regarding the urgency of the law according to the 1945 Constitution prior to the amendment to the 1945 Constitution which is currently in force as the result of the 4th amendment. After the reformation, there have been 2 (two) laws governing regional autonomy, especially with regard to regional head elections, namely Law Number 22 of 1999, which was then replaced by Law Number 32 of 2004. The issuance of Perpu Number 1 of 2014 which is a Amendments to Law No. 32/2004 were first proposed for amendments by the Government in this matter proposed by the Minister of the Interior.
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Schwikkard, PJ. "Rape: An unreasonable belief in consent should not be a defence." South African Journal of Criminal Justice 34, no. 1 (2021): 76–102. http://dx.doi.org/10.47348/sacj/v34/i1a4.

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Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 defines rape in the following terms: ‘Any person (‘A’) who unlawfully and intentionally, commits an act of sexual penetration with a complainant (‘B’), without the consent of B, is guilty of the offence of rape.’ This paper focuses on one component of the definition, namely fault. It is argued that a mistaken but unreasonable belief in consent should not be recognised as a defence and that a normative approach could soften the focus on the behaviour of the complainant and send a clear signal that our commitment to constitutional values requires us to take due care in our interactions with others. The argument is made with full awareness that law reform is a very small cog in addressing the scourge of rape.
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Kruger, Hester B., and Hennie Oosthuizen. "South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 282. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2466.

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Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are discussed. Finally, since the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 will in all probability be enacted in the near future, the use of other criminal law provisions in human trafficking prosecutions, even after the passing of this bill into law, is reflected upon.
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Syahwalan, Muhammad. "MEKANISME PEMBERHENTIAN KEPALA DAERAH DAN/ATAU WAKIL KEPALA DAERAH MENURUT UNDANG-UNDANG TENTANG PEMERINTAHAN DAERAH TAHUN 1974-2014." AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM 3, no. 1 (July 1, 2018): 107. http://dx.doi.org/10.29300/imr.v3i1.2145.

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Abstract: The problems of Regional autonomy with a centralistic tendency is incarnated in the mechanism of dismissal of regional heads according to Act No. 32 of 2004. A new regional government law has emerged, namely Act No. 9 of 2015 concerning the Second amendment of Act No. 23 of 2014 about Regional Government. This research is a type of normative juridical research with primary sources of regional government laws. The results of the study show that the dismissal of regional heads and/or deputy regional heads is carried out by the DPRD leadership to the President. This proposal is obtained from a series of supervisory processes. If the DPRD leadership is not able to carry out this task, the proposal will be made by the Minister of Home Affairs. The political nuance of each law issued above has an influence on the flexibility of legal ideals to create autonomous regions. The freedom of the region to take care of its own region independently slowly reaches its way until the Act No. 23 of 2014 has been fairly proper in representing the ideals of the region to become more independent and carry out the broadest autonomy in accordance with the constitutional mandate. Keywords: Impeachment Mechanism, Regional Head, Regional Government.
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Yusyanti, Diana. "ASPEK PERIZINAN DIBIDANG HUKUM PERTAMBANGAN MINERAL DAN BATUBARA PADA ERA OTONOMI DAERAH (Permit Aspects Of In The Legal Field Of Mineral And Coal Mining In The Era Of Regional Autonomy)." Jurnal Penelitian Hukum De Jure 16, no. 3 (February 9, 2017): 309. http://dx.doi.org/10.30641/dejure.2016.v16.309-321.

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Kegiatan industri pertambangan batubara selain mempunyai dampak positif karena dapat dapat memenuhi kebutuhan hidup masyarakat dan mendatangkan hasil yang cukup besar sebagai sumber devisa, tetapi sisis lain mempunyai dampak negatif yaitu dengan banyaknya perijinan yang dikeluarkan maka mengakibatkan terjadinya kerusakan hutan dan pencemaran lingkungan sehingga mengganggu kesehatan masyarakat sekitarnya. Dengan banyaknya izin yang dikeluarkan oleh kepala daerah untuk kegiatan usaha pertambangan batubara, maka pengawasan menjadi kurang sehingga penegakan hukum menjadi lemah. Dalam aspek perizinan dibidang pertambangan mineral dan batubara pada era otonomi daerah dengan terbitnya Undang-Undang Nomor 11 Tahun 1967 yang awalnya bersifat sentralistik kemudian sejak diterbitkannya Undang-Undang Nomor 22 Tahun 1999 dan diperbaharui dengan Undang-Undang Nomor 32 Tahun 2004 menjadi bersifat desentralistik sehingga aspek perizinan di bidang pertambangan menjadi tumpang tindih antara kewenangan menteri dan kewenangan bupati seperti kewenangan yang bersifat desentralisasik melalui Undang-undang Nomor 22 Tahun 1999 tersebut, ditarik kembali menjadi sentralistik melalui Undang-undang Nomor 23 Tahun 2014 sehingga terjadi tarik menarik kepentingan untuk mengamandemen undang Nomor 23 Tahun 2014 tentang mineral dan batubara tersebut.AbstractCoal mining industry activities have positive and negative impacts, the first, it can satisfy society life necessities and come to a huge advantage as foreign exchange, and then the latter, by issuing of area utilization operation permits will cause deforestation and environmental pollution that damage the health of the surrounding community. Many permits of coal mining activities have been issued by local leaders that bring about controlling function to become not optimal so it will influence into the law enforcement get worse. In permit aspects of mineral and coal mining in the era of regional autonomy by stipulated the Act Number 11, Year 1967, initially it was centralisation then by issued the Act Number 22 Year 1999 and refurbished with the Act Number 32 Year 2004 turned into decentralisation so that the permit aspects in mining become overlapping authority between ministry and regent such as decentralized authority through the Act Number 23 Year 2014 so ,it becomes conflict of interest to amendment the Act.
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Nata, M. Nasir. "PENGANGKATAN SEKRETARIS DESA MENJADI PEGAWAI NEGERI SIPIL DALAM PERSPEKTIF PERATURAN PEMERINTAH NOMOR 78 TAHUN 2013." DiH: Jurnal Ilmu Hukum 12, no. 24 (August 1, 2016): 83–92. http://dx.doi.org/10.30996/dih.v12i24.2239.

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Since the enactment of the Act Number 32 of the Year 2004 regarding Regional Government, especially after the enactment of the Government Regulation Number 48 of the Year 2005 regarding the Appointment of the Honorary Employees to become the candidates of civil servants, the implementation of village administration began to be problematic. This problem is caused by the demands of the Village Head and Village Secretary for equal rights to be equalized with the Civil Servants. This demand implicates the birth of the Government Regulation Number 45 of the Year 2007 on the Requirements and Procedures for the Appointment of a Village Secretary to be a Civil Servant, and theoretically this regulation contradicts the Government Regulation Number 78 of the Year 2013 on the Second Amendment of the Government Regulation Number 98 of the Year 2000 on the Procurement of Civil Servants. Based on the background of this study, the problems are formulated as follows: 1) What is the ratio legis of the appointment of the Village Secretary to be a civil servant in the perspective of the Government Regulation Number 78 of the Year 2013, and 2) What is the reason of the appointment of the Village Secretary to be a civil servant? The formulation of this problem aims to analyze and to find the ratio of legis and the ratio decidendi of the appointment of the Village Secretary to be a Civil Servant in the perspective of the Government Regulation Number 78 of the Year 2013. Problem analysis of this study indicates that the ratio legis of the appointment of the Village Secretary to be a civil servant is based on the reason that government has an authority to appoint a civil servant, while the reason of the appointment of the Village Secretary to become a civil servant is that it is in accordance with justice principle and legal certainty, that is to satisfy the sense of justice in the society. In order not to cause multiple interpretations, the appointment of civil servants in all sectors should be based on common ground regulation, and the Secretary of the Village should indeed be appointed from the element of civil servants.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 0. http://dx.doi.org/10.17159/1727-3781/2014/v17i6a618.

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EditorialThis voluminous issue consists of 13 articles and 8 notes dealing with various legal topics in South Africa and abroad. The articles commences with Ig Rautenbach’s discussion of the ever-elusive concept of proportionality in the light of the text of the South African Constitution. Mmaphuti Tuba analyses the different approaches adopted for the regulation of payment systems in a variety of legislative instruments by the European Union. Phoebe Boltondeals with the thorny issue of public tenders and the extent to which bidders must comply with tender specifications and conditions. Leentjie de Jong examines present-day family arbitration and the problems experienced with it. Daleen Millard and Birgit Kuschke evaluate the insurer’s pre-contractual duties in the light of the transparency principle in insurance law. Karin Calitz deals with the question if a church can be held liable for the sexual assault of children by a priest, when the victims claim as adults, many years after the events took place. The entitlement of a non-member spouse to the member’s pension forms the focus point of Clement Marumoagae’scontribution. Mitzi Wiese reflects on the correctness of the classification of liens into enrichment and contractual liens. Frans Viljoen and Nicholas Orago analyses the importance and implications of the individual communications procedure under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and details some of the reasons why it would be beneficial for South Africa to accede thereto. The interplay between international law and labour law in South Africa in the context of diplomatic immunity is investigated byEzette Gericke. Cornelius Kilian and Elizabeth Snyman-Van Deventer consider section 75 in the Companies Act of 1973 (or its equivalent, section 36(2) in the Companies Act of 2008) and the topic of statutory approval for an artificial decrease or increase in the number of issued shares. Annelie Laas and Trynie Boezaart give a critical analysis of the legal measures available to curb bullying in schools. Further afield, Mtendeweka Mhango discusses the development and current status of the political question doctrine in Ghana.The first note by Roger Evans and Lienne Steyn deliberate on the seemingly contradictory outcomes of three high court judgments regarding the question of ownership of property which vests in the master of the high court by virtue of the Insolvency Act 24 of 1936. Philip Stevens also discusses recent judgments pronouncing on the entering of the particulars of child sex offenders into the register for sex offenders as enunciated in Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. Sieg Eiselen illustrates how the Department of Trade and Industry’s proposed amendment to the definition of “electronic signature” would undermine the key principles of functional equivalence, media neutrality and party autonomy. Luanda Hawthorne deliberates on the element of exploitation in bargaining relationships between contractual parties, as highlighted in Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC). Anneliese Roos and Magda Slabbert discuss the case of Isparta v Richter 2013 6 SA 4529 (GP), which dealt with defamation in the social media on the Facebook platform. Rowena Bernard considers the case of Department of Correctional Services v Police and Prison Civil Rights Union (POPCRU) 2011 32 ILJ 2629 (LAC), where the employer's application of rules relating to the dress code of employees impacted on the religious beliefs and practices of five of the staff members. Nico Buitendag and Karin van Marle reflect on Afriforum v Malema 2011 6 SA 240 (EqC), which drew considerable attention in the media and in the public discourse. In the last contribution, James Linscott analyses F v Minister of Safety and Security 2012 1 SA 536 (CC), which dealt with the “standard” test for vicarious liability.EditorChrista Rautenbach
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Putri Indah Pratiwi, Luh Putu. "LEGAL POLICY REGARDING REMISSION OF CRIMINALS." Ganesha Civic Education Journal 2, no. 1 (April 12, 2020): 38–45. http://dx.doi.org/10.23887/gancej.v2i1.93.

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This study was conducted aiming to find out how the implementation of remission rights for convicts of criminal acts of corruption in Indonesia and how the process of granting remissions against convicts of criminal acts of corruption when viewed from the perspective of Law Number. 20/2001 concerning eradicating Corruption. The research method used in writing this article is normative research that is examining by looking at the law as a norm. First, remission is still a right of convicts to a criminal act of corruption that has fulfilled the specified conditions of good behavior and has been serving a criminal sentence for more than 6 (six) months, but its implementation has been tightened to fulfill the community's sense of justice in accordance with article 34 of Government Regulation Number 99/2012 concerning Second Amendment to Government Regulation Number 32/1999 concerning the Requirements and Procedures for the Implementation of the Rights of Citizens' Guided Prisoners. Second, granting remission to corruption convicts if it is related to Law 20/2001 concerning Eradication of Corruption, the regulation of granting remission to corruption convicts must be reviewed according to the extent of losses incurred due to corruption committed by convicts to further enhance a sense of justice in Public.
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Suriyani, Meta. "Pertentangan Asas Perundang-undangan dalam Pengaturan Larangan Mobilisasi Anak pada Kampanye Pemilu." Jurnal Konstitusi 13, no. 3 (November 22, 2016): 657. http://dx.doi.org/10.31078/jk1339.

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Article 32 paragraph (1) letter k Election Commission Regulation No. 15 Year 2013 describes implementers, participants, and officials are prohibited from mobilizing campaigns Indonesian citizens who do not meet syarats as Voters. However, Law No. 8 of 2012 on General Election of DPR, DPD and DPRD itself, does not expressly prohibit the mobilization of Indonesian citizens who do not yet qualify as a selector or exploitation of children in political activities, including campaign. So that the Commission regulation violates the hierarchy of legislation that is in of commencement shall contrary to the Law on Election of Members of Legislative as higher regulations. Therefore, it is also not in line with Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. Mobilization of children in the activities of the election campaign is the deprivation of the rights of the child. Intentionally or unintentionally, the actual implementers, participants, and campaign officers have done wrong treatment (exploitation) by mobilizing children who do not qualify as voters in political activities in the activities of the election campaign for the DPR, DPD and DPRD held at central and regional levels occur in almost all parts of Indonesia.
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More sources

Dissertations / Theses on the topic "Amendment act 32 of 2007"

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Ndou, Treasure Rudo. "The impact of the criminal law (sexual offences and related matters) amendment ACT 32 OF 2007 on the offence of rape and sentencing thereof." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73028.

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This mini dissertation is based on the impact of Act 32 of 2007 on the offence of rape and the sentencing thereof in South Africa
Mini Dissertation (LLM)--University of Pretoria, 2019.
Procedural Law
LLM
Unrestricted
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Ndawula, Barnabas. "Criminalisation of HIV/AIDS in South Africa: a critical look at the Criminal Law (Sexual offences and related matters) Amendment Act 32 of 2007." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1280.

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Human Immuno Virus (HIV) and Acquired Immuno Deficiency Syndrome (AIDS) have formed part of the South African landscape since the first report in 19831and today South Africa is reported to be the country with the highest number of people living with HIV/AIDS in the World2. This state of affairs, in combination with South Africa’s high sexual crime rate resulted in a general public out-cry with calls for the government and the legislature to enact laws to stem the spread of HIV/AIDS3. Government and the legislature finally responded by way of promulgating the criminal law (sexual Offences and related matters) Amendment Act4 (hereinafter the sexual Offences Act). The Sexual Offences Act inter alia provides for the compulsory testing of alleged offenders of sexual crimes5 This treatise will show that chapter five of the sexual Offences Act, indirectly criminalises HIV/AIDS, and that this is not desirable. It will be submitted that the criminalisation of HIV is against the stated UNAIDS policy 6 It is finally submitted in this treatise that South Africa should repeal all provisions in its law that directly or indirectly criminalises HIV/AIDS transmission and instead follow both and is a deterrent to public health methods of curbing the epidemic, while at the same time exacerbates the spread of the epidemic by forcing people who are HIV positive not to openly come out. It will be argued in the use of criminal law against the transmission of HIV creates stigma and is also an attack on individual human rights. The study will also show that the supposed marginalised persons, such as women and children are not protected by the use of criminal law in the prevention of HIV transmission, contrary to the arguments of the proponents of those who support the use of criminal law. The study will show that far from protecting these marginalised groups of people, criminalisation of HIV transmission, does in fact hurt them the UNAIDS policy and the South African development corporation (SADC) Model Law on HIV and AIDS.
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Surty, Fatima. "The political / administrative interface: the relationship between the executive mayor and municipal manager." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4188_1334910053.

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Local government is arguably the most significant sphere of government to lay citizens, as it is the point of contact of citizens with their government. Local government enables a direct link between the general public and the basic services that they are entitled to by means of their constitutional and legislatively entrenched rights. It is the only sphere of government that allows and encourages face-to-face engagement between citizens and their governors, providing the necessary platform for interaction, contact and communication. It is imperative therefore that this tier of government operate optimally and competently, as it represents a reflection of the operation of government wholly. Research unfortunately illustrates that public perceptions of local government are negative, with levels of trust in local government being substantially lower than those in provincial and national governments. The responsibility for failure to perform would lie squarely on the shoulders of those individuals leading any institution. The leading incumbents driving a municipality are the political and administrative heads, i.e. executive mayor and municipal manager.

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Petersen, Nabeel. "The representation of children and childhood in the Children's Amendment Act (41 of 2007)." University of the Western Cape, 2011. http://hdl.handle.net/11394/5394.

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Magister Artium (Development Studies) - MA(DVS)
Until fairly recently studies of children as actively engaged in the production of meaning making in their social lives has been overlooked, ignored or received marginal attention within the contemporary social sciences (Caputo 1995). There has since however been considerable growth in literature dedicated to extending our understanding of childhood (Hardman 1973; Caputo 1995; Waksler 1996; Morss 2002; Korbin 2003; Sawyer 2002). This has resulted in an emergent sense of legitimacy and focus on the role of children "as active and creative social actors" in society, particularly in the field of anthropology of children (Reis, 2006) and the establishment of the 'new' sociology of childhood. The point of departure for these emergent theoretical frameworks concern the traditional devaluing of childhood and children's perspectives in favour of "...a recurring set of dominant ideas within political and academic domains that draws a generational boundary between adults and children, in the process restricting children to subordinate and protected social roles" (Wyness 200:1 in Smith 2009:253). According to James & James (2004:76 in Smith 2009:252) law is a centrally important mediating influence in the social construction of childhood as vulnerable passive bystanders. This resonates with Moses who states that the rights prioritised for children within the South African Constitution are "protection-oriented conceiving children as vulnerable citizens rather than citizens with agency" (2008:329). Furthermore, according to Moses (2008:333) the conception of children in South African policy and that which underlies national service delivery, belies or contradicts perceptions of children as "active, meaning-makers, employing a range of coping strategies". This research therefore explores the representation of children and childhood within the Children‘s Amendment Act (41 of 2007); that is whether they are displayed as "active, meaning-making" citizens or passive vulnerable bystanders; and seeks to contrast that representation with the reality of children's worldviews, decision-making capabilities in their social lives in an attempt to highlight children as citizens with agency. The study used a qualitative exploratory approach which employed a range of qualitative research tools. Data was collected through a policy analysis, research workshops and focus 2 group discussions. Purposive sampling was used to compile a child sample composed of nine girls and ten boys. A social constructionist framework was used to thematically analyse the data. The results suggest that there are two general representations of children and childhood within the Act (41 of 2007); namely "the vulnerable child" and "the child as citizen and agent". The study offers recommendations for further research and improvements for service provision directed toward children, child welfare and childcare.
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Meyiwa, Nonceba. "We cannot fight for what we do not know : information that mothers of disabled children have about the Children's Act (No. 38 of 2005) and the Children's Amendment Act (No. 41 of 2007) in South Africa." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/12693.

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Includes bibliographical references (p. 82-86).
The purpose of this study is to explore the information that the mothers of disabled children have on the provisions of the Children's Act (CA) (Act no.38 of 2005) and the Children's Amendment Act (CAA) (Act No.41 of 2007). The two Acts were consolidated after the regulations had been adopted. The Children's Act gives effect to the three specific constitutional rights of children contained in section 28. These are: a. The right to social services. b. The right to parental or family care or to appropriate alternative care when removed from their family. c. Protection from maltreatment, neglect, abuse or degradation. This Act stipulates the services that are required to give effect to the three State obligations. The aim of the research was 1) to investigate the nature of information which mothers of disabled children have acquired about the Children's Act, and 2) factors influencing the access to this information by these mothers. The study population was mothers whose children have a physical or mental disability. The study sample was purposively selected from mothers of disabled children living in a township in Ekurhuleni Metropolitan, in Gauteng Province. A qualitative research approach was used in this study, and a case study design was adopted. Individual in-depth interviews were held with four participants. The data collected through the in-depth interviews was analysed using a thematic content analysis. The findings of this study will raise awareness among mothers of disabled children and their organizations of the rights and services to which disabled children are entitled according to the Children's Act. It will therefore enable them individually and through DPOs to more effectivity monitor the implementation of the Act by the State and to enforce compliance by the State of its obligations to disabled children in terms of the Children's Act.
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Courtenay, Reginald Morgan. "The conundrum of causality and the criminal law (sexual offences and related matters) Amendment Act 32 of 2007 : a critical analysis." Diss., 2012. http://hdl.handle.net/2263/30123.

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South Africa is a country plagued by sexual abuse, and particularly sexual violence. In every local newspaper, everyday, there are numerous articles detailing the egregious humiliation suffered by victims of sexual violence at the hands of their attackers. Whilst the social causes of such ills remain an illusive hypothesis buried deep within the reams of academic literature, the unresponsive and patriarchal laws criminalising such conduct have not. On 16 December 2007, the President signed into law the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The Act sought to provide an enabling environment that reconciled the criminal justice system with the experiences of the victims by introducing a plethora of devices to prevent secondary victimisation and to acknowledge and appropriately criminalise various forms of sexual violence. Unfortunately the transition to this modernised sexual offences system has not proved to be a smooth one, with the Act having to overcome many an obstacle in achieving its aims and objects. The study undertaken focused on two particular aspects of import in the Act, namely whether the Act had abolished the formal nature of the offence of rape and the scope and application of the new statutory offence of compelled rape. The latter was particularly relevant in order to ascertain whether the legislature had provided a panacea for scenarios where the perpetrator procured an unwilling and innocent agent to commit the rape. In order to provide a palpable understanding of what the legislature envisaged through the enactment of these two independent offences the study mapped the development of the interests sought to be protected through the introduction of criminal sanctions for sexual offences. This mapping culminated in an understanding, from which the study of the statutory offences departs, that sexual offences must be balanced and weighed against the precepts of rights. Moreover that any interpretation of such statutory offences must promote and uphold the rights violated in order for the Act to meet its aims. The focus of the study was thereafter shifted to a deconstructive analysis of the statutory offence of rape and compelled rape. Through such focused analysis, the study sought to ascertain whether the formal nature of rape - which existed at common law - had been abolished by the legislature. It proposed that should such interpretation prove to be correct, that the offence of compelled rape had been inserted by the legislature either superfluously alternatively ex major cautela. The study thereafter turned to the offence of compelled rape, with particular attention being paid to whether the offence effectively criminalises the conduct identified throughout the study as the ‘innocent perpetrator’ to rape, and whether the offence effectively upholds the rights of the victims. Through such exercise the study concludes in constitutionally compliant interpretations which provide solutions for much of the intellectual discomfort that has plagued the creation of the two independent statutory offences.
Dissertation (LLM)--University of Pretoria, 2013.
Public Law
unrestricted
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Williams, Clara. "Sweet sixteen and never been kissed? statutory discrepancies with respect to the age of consent to sexual acts." Diss., 2013. http://hdl.handle.net/2263/36806.

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The phrase “sweet sixteen and never been kissed” refers to the innocence of childhood and the coming of age of children. It also relates to the increased need for autonomy by adolescents. However, it is highly improbable that the average child in South Africa, when reaching the age of sixteen years, has never been kissed. Children’s rights are categorised as rights of protection (the state and parents have a duty to protect children from sexual abuse and exploitation) and rights of autonomy. The Choice on Termination of Pregnancy Act 92 of 1996 provides for the right of female children of any age to consent to the termination of a pregnancy if all the requirements are met. In terms of the Children’s Act 38 of 2005, persons who are responsible for the care of a child must guide, advise and assist such child. A child must have access to information regarding sexuality and reproduction, and has clear rights from a young age with regard to consenting to medical treatment and HIV testing, as well as to access to contraceptives. Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 deal with consensual sexual acts with adolescents - a person who commits a sexual act with an adolescent is, despite the consent of such adolescent, guilty of an offence. Adolescents and children between the ages of sixteen and eighteen years can also be offenders. There is an obligation on a person with knowledge of a sexual offence that has been committed to report same to the South African Police Service. The particulars of a convicted person must be inserted in the National Register for Sex Offenders. These reporting obligations limit the child’s rights to consent to the termination of a pregnancy, to access contraceptives and confidential contraceptive advice and to consent to HIV testing. It also limits the ability of adults to provide children with sex education, advice and guidance. The court in the The Teddy Bear Clinic for Abused Children and RAPCAN v Minister of Justice and Constitutional Development and National Director of Public Prosecutions (73300/2010) [2013] ZAGPPHC 1 (4 January 2013) found that certain sections of the Sexual Offences Act are unconstitutional. However, three main issues remain unaddressed. Firstly, the above-mentioned provisions in the Choice on Termination of Pregnancy Act and the Children’s Act still send out contradictory messages, leading to legal uncertainty. Secondly, the diversion provisions of the Child Justice Act 75 of 2008 are not, in totality, relevant to consensual sexual acts between children, and expose children to the criminal justice system. Thirdly, the reporting provisions of the Sexual Offences Act pose serious challenges. To address the above, it is recommended that the state should embark on a nation-wide information campaign, the national statutory and institutional framework should be reviewed, rationalised and aligned, information relating to the appropriate education of children should be disseminated, and the reporting requirement in the Sexual Offences Act be amended.
Dissertation (LLM)--University of Pretoria, 2013.
gm2014
Private Law
UPonly
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8

WANG, JYUN-JIE, and 王俊傑. "The impact of human resources inputs on the performance in accounting firms before and after the amendment of Certified Public Accountant Act in 2007." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/td7btk.

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碩士
國立雲林科技大學
會計系
106
The study uses “ The survey of Taiwan’s accounting firms” from Financial Supervisory Commission R.O.C. as the sample. Because the purpose of the study, I observe the sample in the period of 2001-2016 year. The study uses the translog function, dividing the performance indicator into three main business revenues to research the impact of human resources inputs on the performance indicators. Before and after the amendment of Certified Public Accountant Act on 2007 year, the empirical results of Model I and Model II indicates: (1) Every human resource input indeed has the significantly positive relation with the specific performance indicator. (2) To Big 4 accounting firms, only A&A% is significantly and positively affected by human resource inputs; to the others, only MAS% is significantly and positively affected by human resource inputs.
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Chen, Yi-Chen, and 陳羿禎. "The Exploration of Characteristics and Related Factors for Patients with Severe Mental Illness who Received Compulsory Admission before and after the 2007 Amendment Mental Health Act in Taiwan." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/55094727720623090611.

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碩士
美和科技大學
健康照護研究所
104
Purpose: The Mental Health Act was amended in 2007. And to an evaluation by two designated certificated psychiatrists, whether a patient requires compulsory admission will also be reviewed and decided by the Mental Illness Mandatory Assessment and Community Treatment Review Committee. The main purpose of characteristics and related factors for patients with severe mental illness who received compulsory admission before and after the 2007 amendment Mental Health Act in Taiwan. This research investigated the number of compulsory hospitalization, the patient's property, length of stay, readmission rates and medication adherence, etc., and to further understanding of influence causes and predictive risk factors. Method: This research used the National Health Insurance Research Database (NHIRD) of mental illness inpatient files for the study data. The data divided in 2006 and 2011 accepted by the study group and the control group in the number of compulsory hospitalization cases or not with case-control (1:4) by sex and gender. Analysis was there any significant difference from medication characteristics, patient characteristics, hospital characteristics, medication adherence and different health care utilization results. And then used the Kaplan-Meier method to estimate the survival curve and the multivariate Cox proportional hazards regression model to identify risk factors. Results: The relevant data analyzed of the compulsory admission patients before and after the amended Mental Health Act were gender, diagnosis, CCIs, Acute hospital days, hospital levels, hospital power, location of hospitals, teaching hospital, physician gender and age. The patients’ readmission rate dropped from 52.6 to 42.5 percent. The study of readmission has been in decline. Compulsory admission of patients were with longer average social survival time after the amended Mental Health Act. The hospitalization expenses of compulsory admission were higher than voluntary admission. More complications of their disease and the number of acute length of stay less had high medical expenses relatively, and Schizophrenic patients were relative to have low medical expenses of other diagnosis. The risk factors of rehospitalization in 2006 were acute hospitalization over 60 days, type 4 insurance, located in middle and south, admission one year before, OPD one year before, MPR. The risk factors of rehospitalization in 2011 were CCIs, admission one year before, MPR. Conclusions: This study results revealed very important information, and the effectiveness and impact of changes. The future can be used to provide mental health care system policies.
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Books on the topic "Amendment act 32 of 2007"

1

Africa, South. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007: Sexual Offences Act, 23 of 1957 : including regulations & related material. Edited by Juta's Statutes Editors. Claremont, South Africa: Juta Law, 2010.

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Student discipline: A guide to the Education Amendment Act, 2007. 2nd ed. Markham, Ont: LexisNexis Canada, 2008.

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India. Taxmann's Income Tax Act: As amended by Finance Act 2007 & Taxation Laws (Amendment) Act 2006. 5th ed. New Delhi: Taxmann Publications, 2007.

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(India), Jammu and Kashmir. Commercial's Value Added Tax in Jammu & Kashmir: As amended by Jammu & Kashmir Taxation Laws (Amendment) Act, 2007, dt.8.9.2007. 2nd ed. Delhi: Commercial Law Publishers (India), 2008.

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Delhi (India : Union Territory). Lal's the Delhi Co-operative Societies Act, 2003 (Delhi Act No. 3 of 2004): As amended by the Delhi Co-operative Societies (Amendment) Act, 2006 (Delhi Act No. 8 of 2006) dated 12-01-2007 alongwith the Delhi Co-operative Societies Rules, 2007 with short comments. Delhi: Delhi Law House, 2008.

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Seth, H. D. Seth's Banking laws: Being commentaries on Banking Regulation Act as amended by Banking Regulation (Amendment) Act, 2007 alongwith securitisation & reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 with allied laws & rules. Edited by Srivastava, A. B., retd. judge., Elumalai K, and India. 2nd ed. Allahabad: Law Publishers India, 2008.

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Seth, H. D. Seth's Banking laws: Being commentaries on Banking Regulation Act as amended by Banking Regulation (Amendment) Act, 2007 alongwith securitisation & reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 with allied laws & rules. Edited by Srivastava, A. B., retd. judge., Elumalai K, and India. 2nd ed. Allahabad: Law Publishers India, 2008.

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National Fish and Wildlife Foundation Establishment Act amendment of 2007: Report (to accompany H.R. 3891) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2008.

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United States. Congress. House. Committee on the Judiciary. Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007: Report (to accompany H.R. 692) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2007.

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United States. Congress. House. Committee on the Judiciary. Army Specialist Joseph P. Micks Federal Flag Code Amendment Act of 2007: Report (to accompany H.R. 692) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2007.

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Book chapters on the topic "Amendment act 32 of 2007"

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Briggs, Adrian. "Foreign Judgments." In The Conflict of Laws, 126–71. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198838500.003.0003.

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This chapter discusses the items of private international law of foreign judgments covered in part by a number of European regulations and other instruments prior to Exit Day. These are the Brussels I Regulation 44/2001 and the recast Brussels I Regulation 1215/2012; the 1988 Lugano Convention and the 2007 Lugano II Convention; the 1968 Brussels Convention as amended from time to time; and a number of minor Regulations such as the European Enforcement Order Regulation 805/2004. According to the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019 No 479, on Exit Day these instruments are revoked or, in the case of the Conventions given effect by the Civil Jurisdiction and Judgments Act 1982, as amended, repealed. The gap will be filled by the rules of the common law, or by the provisions of a bilateral Convention made under the Foreign Judgements (Reciprocal Enforcement) Act 1933 (or in the case of Cyprus and Malta, presumably by registration under the Administration of Justice Act 1920).
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Briggs, Adrian. "Jurisdiction." In The Conflict of Laws, 43–125. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198838500.003.0002.

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This chapter discusses the items of private international law of jurisdiction in civil and commercial matters, which were governed in part by a number of European Regulations and other instruments prior to Exit Day. These include the Brussels I Regulation 44/2001 and the recast Brussels I Regulation 1215/2012; the 1988 Lugano Convention and the 2007 Lugano II Convention; and the 1968 Brussels Convention as amended from time to time. According to the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019 No 479, on Exit Day these instruments are revoked or, in the case of the Conventions given effect by the Civil Jurisdiction and Judgments Act 1982, as amended, repealed.
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