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Dissertations / Theses on the topic 'Criminal law – South Africa'

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Published: 4 June 2021
Last updated: 25 January 2023

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1

Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

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The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislativ
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2

Du, Plessis Jan Andriaan. "The impact of minimum sentence legislation on South African criminal law." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High
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3

Laing, Samantha Robyn. "The constitutionality of the Criminal Law (Forensic Procedures) Amendment Act." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/18619.

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The Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 came into operation in January 2015. The Act makes provision for the establishment of a National Forensic DNA Database, which will store DNA profiles of certain groups of people. This research will discuss the establishment of a forensic DNA database in South Africa. The legal position in the United States of America will also be considered, with specific reference to the states of Maryland, California and New York. This research will focus predominantly on the collection of DNA samples and profiles from arrestees. When such sampl
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4

Sitole, Sizakele Elias. "A comparative analysis of mental illness as a defence in criminal law." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/843.

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This dissertation deals with the comparative analysis of mental illness as a defence in criminal law. The mental illness / insanity defence is deemed applicable when the accused does not have mens rea or lacks criminal responsibility or is afflicted by the inability to appreciate the wrongfulness of his act and act accordingly, at the time of the commission of the offence due to a pathological disturbance of the mental faculties. A review of the law in South Africa, English Law and United States of America law was done with regard to their approach in connection with the matter. The legal syst
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5

Nzimande, Eric Sibusiso. "Minimum sentence legislation in South Africa." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012041.

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Legislation regulating minimum sentences in South Africa was re-introduced by sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which came into operation on 1 May 1998. These provisions were regarded as a temporary measure to be effective for two years, where after they were extended from time to time. After they had been extended for several times, section 51 was rendered permanent on 31 December 2007 by the Criminal Law (Sentencing) Amendment Act 38 of 2007. At the same time sections 52 and 53 were repealed by the same Act. Minimum sentence legislation was the result of a call
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6

Mujuzi, Jamil Ddamulira. "Life Imprisonment in International Criminal Tribunals and Selected African Jurisdictions - Mauritius, South Africa and Uganda." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7837_1268591893.

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<p>&nbsp<br></p> <p>&nbsp<br></p> <p>&nbsp<br></p> <p align="left">The study has three major aims: To give a detailed discussion of the question of punishment and the three major theories or objectives of punishment &ndash<br>retribution, deterrence and rehabilitation, from a philosophical point of view<br>To discuss the law and jurisprudence relating to life imprisonment in the international criminal tribunals of Nuremberg, Tokyo, the Former Yugoslavia, Rwanda, International Criminal Court and the Special Court for Sierra Leone (SCSL). The emphasis will be on the theories of punishment these
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7

Kerscher, Martin. "Plea bargaining in South Africa and Germany." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80257.

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Thesis (LLM)--Stellenbosch University, 2013.<br>Bibliography<br>ENGLISH ABSTRACT: Plea bargaining describes the act of negotiating and concluding agreements in the criminal procedure. Usually the prosecutor and the accused agree that the accused will plead guilty to the charge brought against him in exchange for some concession from the prosecution. The bargain is not limited to the presented subject. Agreements can contain the non-prosecution or reduction of charges, specific terms of punishment, conditions of probation and much more. In many countries the vast majority of criminal cases are
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8

Tshikovhi, Rotondwa Happy. "The law relating to double jeopardy in labour law." Thesis, University of Limpopo, 2014. http://hdl.handle.net/10386/1236.

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Thesis (LLM. (Labour Law)) --University of Limpopo, 2014<br>This research focuses on the application of the double jeopardy principle in labour law, section 188(1)(a (b) of the Labour Relations Act 66 of 1995, (herein the LRA) which provides that the dismissal is unfair if the employer fails to prove that the reason for the dismissal is fair and was effected in accordance with a fair procedure. The first point which I would explain is the meaning of double jeopardy and whether it is applicable in labour law. The research articulates that the double jeopardy principle applies to labour law and
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9

Fischer, Carl Frederich. "An evaluation of the constitutionality of the common law crime of criminal defamation." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/749.

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The challenge in the law of defamation lies in finding the appropriate balance between the two competing rights of freedom of expression and an unimpaired reputation. From Roman and Roman-Dutch law into the modern era, criminal and civil defamation have been very closely linked. The elements and defences are substantially alike. There were several calls prior to 1994 for the abrogation of criminal defamation. Now that the right to an unimpaired reputation, as part of the right to human dignity, and the right to freedom of expression is constitutionally guaranteed, quo vadis the crime of crimin
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10

Krause, Samantha. "Provocation as a defence in English and South African criminal law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/310.

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In the past 20 years the defence of provocation has shifted from the periphery of South African law to a fully developed defence available to those who kill when provoked. Not only is the defence available to the provoked, but it has been extended to those who kill when subjected to emotional stress. However, the defence is mirred in controversy and bad decisions. Not only has the precise nature of the defence not been clarified, but this lack of clarity has been exacerbated by confusing decisions of our courts. This confusion is partly a result of the development of the defence of incapacity,
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11

Brink, Ronelle Bonita. "The child accused in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.

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The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as
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12

Ndzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.

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In order for the proceeds of unlawful activities to be completely dislodged from the criminals’ hands, the latter should be effectively deterred from allowing their assets to be used to execute or facilitate the commission of offences. When properly exacted, in the interests of justice and within the existing constitutional framework, the legal process known as asset forfeiture should ensure that crime never pays. Asset forfeiture refers to both criminal forfeiture, which is conviction based following the United Kingdom asset forfeiture regime and civil forfeiture, which is non-conviction base
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13

Hlophe, Stanley Siphiwe. "The adoption of an inquisitorial model of criminal procedure in court proceedings relating to children." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1570.

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In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, p
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14

Van, Niekerk Hester Aletta. "Determining the competency of children with developmental delays to testify in criminal trials." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017878.

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In South Africa children are required to testify under oath or admonition. The shortcomings of the competency test are of particular relevance to children with developmental disabilities, since courts are not equipped to adequately assess the competency of these children to give evidence. One component of testimonial competency, namely the understanding of the concepts truth and lies, is overemphasised and is examined with questions that are developmentally inappropriate for child witnesses in general. For children with cognitive disabilities, such questions create barriers for participation i
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15

Nkosi, Zaba Philip. "An evaluation of South Africa's legislation to combat organised crime." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1566.

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Organised crime is a global phenomenon. It is a problem in South Africa as it is a problem in most countries. International and regional organisations, in particular, United Nations, Financial Action Task Force (FATF), and African Union (AU), have developed legislative measures and laid down minimum standards to assist party and non-party states to combat the scourge. Member countries and signatories to those instruments are ever encouraged to bring about national legislative and regulatory frameworks to criminalise predicate crimes, curb money laundering, confiscate instrumentalities and proc
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16

Makasana, Velile. "The onus of proof and presumption of innocence in South African bail jurisprudence." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020911.

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The South African criminal justice process is such that there is an inevitable lapse of time between the arrest of the offender and his or her subsequent trial. The pre-trial incarceration presents a special problem. Between the arrest of the accused and release, the accused is being deprived of his or her liberty in circumstances where no court of law has pronounced him or her guilty. The right to bail is well entrenched in South African criminal justice system both in the Constitution Act and Criminal Procedure Act. Bail is always in the form of contract between the State and the accused, ev
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17

Jokani, Mkhuseli Christopher. "Innovations introduced into the South African criminal justice by the child justice Act 75 of 2008." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1571.

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The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary
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18

Kulundu, Kenneth Wanyama. "South Africa and the International Criminal Court: investigating the link between complimentarity and implementation." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003194.

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Complementarity, the organizing principle of the International Criminal Court (ICC), is a largely untested concept in terms of its ability to instigate State compliance with the Rome Statute of the International Criminal Court. The ICC made its debut at a time when States were routinely accused of non-compliance with international law, particularly international criminal law. Due to perennial concerns over the protection of State sovereignty, an ingenious system of allocation of competencies between States and the ICC was evolved. This is embodied by the principle of complementarity. At the he
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19

Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.

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Thesis (LLM)--Stellenbosch University, 2004<br>ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global commun
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20

Isaacs, Alfred Eugene. "The challenges posed by mandatory minimum sentence legislation in South Africa and recommendations for improved implementation." University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Generally the Courts have a discretion to impose sentence. Violent crime was rampant in South Africa. The response of the legislature in dealing with crime was to enact legislation in 1997 like sections 51 to 53 of the Criminal Law Amendment Act 105 of 1997 which prescribe severe mandatory sentences for a large number of serious offences like murder, rape and armed robbery. This legislation come into effect on 1 May 1998 and was to have effect for two years. The President could with the concurrence of Parliament by proclamation extend its operation for one year, that was in fact done. The late
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21

Agbonjinmi, Ayodeji Peter. "Enforcement of criminal offences in terms of the National Water Act 36 of 1998." Thesis, University of Limpopo, 2007. http://hdl.handle.net/10386/582.

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Thesis (LL.M. (Environmental law and Management)) --University of Limpopo, 2007.<br>The purpose of this thesis was to critically examine the enforcement of environmental regulations with special reference to the enforcement of offences in the National Water Act 36 of 1998. “Enforcement” was conceptualized as “power” the exercise of which is constrained by the constitutionally guaranteed rights, especially the rights contained in Chapter 2 of the Constitution of the Republic of South Africa Act 108 of 1996 – the Bill of Rights. “Compliance” was conceptualized as a rational action. The polluter
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22

Machitela, Malesela Abram. "Critical analysis of how the South African criminal law addresses cybercbullying." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73398.

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The work deals with shortcomings in the South African Criminal Law in respect of how to addresses cyberbullying crime. The report focus on how American Legislation deals with cyberbullying as compared to South African Legal framework. The work critically analyses the the South African legislation dealing with cyberbulying as a criminal offence.<br>Dissertation (LLM)--Universtity of Pretoria, 2019.<br>None<br>Procedural Law<br>LLM<br>Unrestricted
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23

Grobler, Chazanne. "An Analysis of the Cultural Defence in South African Criminal Law." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46121.

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South Africa is a multi-cultural country priding itself on the fact that its Constitution protects the vulnerable, minorities, and all those who do not have a voice to speak for themselves. The right to participate in, and enjoy, the culture of one’s choice is specifically protected in sections 30 and 31 of the Constitution, and the law of the land has a duty to fulfil this obligation. The protection of cultural rights stems from the fact that the cultural identity of a person plays an integral part in every person’s life. Culture shapes the way a person thinks and acts. Certain crimes can be
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Lamprecht, Adriaan Matthys. "The use of closed-circuit television in South African criminal courts." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73091.

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In the last decade the use of closed-circuit television or similar electronic devices (CCTV) has started to play a significant role in courtrooms, both as a silent witness and as a device through which to receive testimony. The benefits of optimising the use of CCTV for receiving testimony are numerous. This paper focusses on two, namely easier access to justice through criminal courts, and bridging the gap between the protective measures created by legislation with regard to vulnerable witnesses and the effective implementation of said measures. The requirements for using CCTV to recei
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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 r
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Jordaan, Jason. "An examination of validation practices in relation to the forensic acquisition of digital evidence in South Africa." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1016361.

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The acquisition of digital evidence is the most crucial part of the entire digital forensics process. During this process, digital evidence is acquired in a forensically sound manner to ensure the legal admissibility and reliability of that evidence in court. In the acquisition process various hardware or software tools are used to acquire the digital evidence. All of the digital forensic standards relating to the acquisition of digital evidence require that the hardware and software tools used in the acquisition process are validated as functioning correctly and reliably, as this lends credib
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27

Fine, Hilton Basil. "The history of the Cape Supreme Court and its role in the development of judicial precedent for the period 1827-1910." Master's thesis, Faculty of Law, 1986. https://hdl.handle.net/11427/31980.

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Hahlo and Khan have aptly described South African law as a ‘three-layered cake’. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to ‘bake’ the third layer, and the judges who were employed to supervise the task. However, in order t wet the appetites of the legal gourmets, an attempt has been made to analyse the ingredient of judicial precedent, and to serve it up in the form of ‘icing’.
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Niesing, Gysbert. "The admissibility of unconstitutionally obtained evidence : issues concerning impeachment." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50465.

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Thesis (LLM)--University of Stellenbosch, 2005.<br>ENGLISH ABSTRACT: The law regarding the admissibility of unconstitutionally obtained evidence for impeaching the accused's testimony is still undeveloped. This work discusses three of the options available to South African courts and the difficulties inherent in each. The first is to follow the approach of the Supreme Court of the United States. The American approach regarding the exclusion of evidence from the case in chief is strict. Courts are not bestowed with a discretion to admit unconstitutionally obtained evidence: Unless one of
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Pelgrim, Riekje. "Witchcraft and policing South Africa Police Service attitudes towards witchcraft and witchcraft-related crime in the Northern province /." Leiden : African Studies Centre, 2003. http://hdl.handle.net/1887/12920.

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30

Ndzengu, Nkululeko Christopher. "The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/905.

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This research will be undertaken in the field of both criminal and civil law with particular focus on international interventions in the fight against organized criminal activities, assets forfeitsure in South Africa in general and its treatment of victims of the underlying forfeitsure crimes ("the victims") in assert forfeitsure, more specifically.
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Van, der Merwe Abrie. "An analysis of assisted dying and the practical implementation thereof in South African criminal law." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65628.

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This dissertation will examine the legality of assisted dying procedures performed in the Republic of South Africa. This is due to the rising awareness about terminal patients’ dignity and autonomy at the end of their life. The physician’s liability, who assists such a patient to end their life, will be examined and whether there is any legal recourse available will be explored. Comparisons will also be made between other legal systems, including Canada, the Netherlands, Oregon of the United States of America and England and Wales. These jurisdictions have been chosen to provide a wide variety
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Ramalohlanye, Zandile. "An assessment of the suitability of the criminal cartel offence in South African competition law." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/9157.

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Includes bibliographical references<br>Section 73A of the Competition Amendment Act 1 of 2009 which will be inserted into the Competition Act 89 of 1998, will hold directors/executives criminally liable for infringing s4(1)(b) of the Competition Act. Section 4(1)(b) specifically prohibits firms from engaging in price-fixing, collusive tendering, market allocation which are regarded as egregious forms of activity. The underlying justification for the cartel offence is the protection of consumer welfare and on the other hand to address the under-deterrent nature of monetary administrative penalt
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33

Dean, O. H. "The application of the Copyright Act, 1978, to works made prior to 1979." Thesis, Stellenbosch : Stellenbosch University, 1988. http://hdl.handle.net/10019.1/4934.

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Thesis (LLD) -- Stellenbosch University, 1988.<br>Article 1 Section 8 Clause 8 of the Constitution of the United States of America empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". This simple clause sums up in a few words the philosophy and underlying principles of modern copyright law. Copyright law, like other branches of intellectual property law (i.e. the laws of patents, trade marks and designs), seeks to create a system whereby the creat
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Silkstone, Christine. "Psychopathy in South African criminal case law between 1947 and 1999: an exploration of the relationship between psychology and law." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12009.

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Includes bibliographical references.<br>This study drew on South African criminal case reports containing judicial pronouncements on psychopathy between 1947 and 1999 to explore the historical relationship between psychology and the law. In criminal law, where mental illness is alleged, the issue of responsibility arises. During the period of the study, there were important legal developments in the criminal law relating to criminal responsibility, including the formulation of a statutory test for capacity in 1977 that did away with the M’Naghten Rules and irresistible impulse principle, ... D
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Netto, Lauren Joy. "The development of a pro forma document for use in police rape investigations in South Africa." Thesis, Rhodes University, 2000. http://hdl.handle.net/10962/d1002540.

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This research developed a pro forma document for use in police rape investigations in South Africa. The immediate context for the research is the alarmingly high incidence of rape in South Africa. The rape statistics vary to an extent, largely due to the fact that a large proportion of the rapes that occur in South Africa are not reported to the police. These statistics expose the limited success of the South African Police Services (SAPS) in terms of investigating rape cases in this country, as well as the public perception of the effectiveness of the South African Police Services in this reg
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Dipa, Asanda. "The recognition of victims rights of sexual offences." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1014361.

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“Indeed in rape cases it is the victim who is most often placed on trial rather than the perpetrator, accused of having ulterior motives and subjected to degrading questions with often pornographic overtones. Prosecutors might fail to adequately address the victims needs and all too often, information is either intentionally or unintentionally withheld from victims.” The victims of sexual offences have to face not only the consequences of the sexual crime that was perpetrated upon them, but they also have to deal with the effects of the criminal justice system. Victims who take part in the cri
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Hendriks, Renette. "Die aard van borgverrigtinge met spesifieke verwysing na die toepassing van die reels van die bewysreg op sodanige verrigtinge." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/21556.

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Thesis (LLM) -- Stellenbosch University, 2004.<br>Stellenbosch University. Faculty of Law. Dept. of Public Law.<br>ENGLISH ABSTRACT: When evaluating a bail application, the court must take into consideration the interests of the accused against those of the community. The main goal of this assessment is to find a balance between said interests. While an application for bail is made at a stage where guilt has not been proven, it is of extreme importance that the court must not infringe on the fundamental rights of the accused which include the right to personal freedom and the presumption
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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.

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Thesis (LLM)--Stellenbosch University, 2005.<br>ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses o
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Davids, Fuad Aldred. "“Compliance and enforcement: The Legal Suitability of the Utilisation of Criminal Sanctions in South African Environmental Law”." University of the Western Cape, 2020. http://hdl.handle.net/11394/8072.

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Magister Legum - LLM<br>In this thesis I analysed the suitability and effectiveness of the criminal sanction with regards to compliance and enforcement in South African environmental law. My central argument is that the criminal sanction is not the perfect mechanism to address compliance and enforcement in South African environmental law sufficiently. Compliance and enforcement of South African environmental law has been a stumbling block for years since the implementation of the first piece of environmental legislation. Thus I explored compliance and enforcement in South Africa and identified
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Van, der Merwe Annette. "Aspects of the sentencing process in child sexual abuse cases." Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003211.

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This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the
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Spamers, Marozane. "A critical analysis of South African mental health law : a selection of human rights and criminal justice issues." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/60097.

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This thesis is concerned with determining whether South African mental health law and its application in practice is in need of reform. In order to reach its objectives, the thesis measures mental health legislation and criminal law that affect the mentally ill individual or offender against international and local human rights standards, and generally accepted principles and scientific principles applicable in the mental health profession. Particular focus is placed on the admission of a mentally ill person as a voluntary, assisted or involuntary mental health care user, State Patient or ment
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Burke, Christopher Leslie. "A critical assessment of the exercise of universal jurisdiction by South African courts." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/97062.

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Thesis (LLM)--Stellenbosch University, 2015<br>ENGLISH ABSTRACT : Universal jurisdiction is a relatively new concept in South Africa and a rather controversial concept in international criminal law. It is often discussed but rarely applied. Universal jurisdiction refers to the power of a State to punish certain crimes irrespective of where they were committed. Such crimes need not be connected to the State in question via the more traditional links of territory, nationality or direct State interest. These crimes are typically the worst crimes in international law such as genocide, war crimes a
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43

Mbete, Asanda Nodolly. "Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala." University of the Western Cape, 2020. http://hdl.handle.net/11394/7323.

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Magister Philosophiae - MPhil<br>Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family devises a plan to bring the girl to their compound without her knowledge. In some instances, this plan is formulated together with the girl’s family, but when the man’s family acts without the prior knowledge of the girl’s family, they are obligated to inform them by means of a letter, or by delegating a family member, that their daughter is
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Magobotiti, Chris Derby. "The contribution of social work to the prevention of crime by the criminal justice system in the Western Cape." Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52500.

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Thesis (M.A.)--Stellenbosch University, 2001.<br>ENGLISH ABSTRACT: This study deals with crime prevention within the criminal justice system in response to the current crime situation in the Western Cape. It describes the structure and function of the criminal justice system and assesses crime prevention processes with specific reference to the role of social work within the criminal justice system. It further examines the criminal justice system as practised in the Western Cape, paying specific attention to the role of the police, criminal courts and prisons in the prevention of crime.
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Grant, James. "The responsible mind in South African criminal law." Thesis, 2012. http://hdl.handle.net/10539/11585.

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46

Kalwahali, Kakule. "The criminalization of prostitution in South African criminal law." Thesis, 2005. http://hdl.handle.net/10500/1459.

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The issue of the criminalization of prostitution raises all kinds of legal questions, especially in South African law. Governments have adopted different positions regarding prostitution. South Africa has tried, by means of law, to crack down on prostitution. This dissertation discusses the question of prostitution as provided by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957. Whether criminalization is the indicated way to lessen or eliminate prostitution determines the focus of the discussion. It seemed necessary to understand the topic, to present the most important systems for addressi
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Campbell, Jean. "Rules of evidence in criminal cases in South Africa." Thesis, 2015. http://hdl.handle.net/10539/16483.

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Badenhorst, Casper Hendrik Jacobus. "Die inhoud van die misdaadbegrip in die Suid-Afrikaanse strafreg." Thesis, 2015. http://hdl.handle.net/10210/14167.

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Awa, Linus Tambu. "The interpretation and application of dolus eventualis in South African criminal law." Thesis, 2019. http://hdl.handle.net/10500/26460.

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An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s necessary intent in the form of dolus eventualis has proved to be a predicament in South African jurisprudence. This type of intent occurs when a person does not aim to cause the unlawful act, however, he subjectively foresees the likelihood that in pursuing with his conduct, the unlawful result will possibly happen, and he reconciles himself to this possibility. The pr
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Botha, Christoffel Rudolph. "Bedrog in die Suid-Afrikaanse strafreg." Thesis, 2015. http://hdl.handle.net/10210/14168.

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