To see the other types of publications on this topic, follow the link: Criminal law – South Africa.
Journal articles on the topic 'Criminal law – South Africa'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Criminal law – South Africa.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Rumney, Philip N. S., and Charnelle van der Bijl. "Rape, Attitudes, and Law Enforcement in South Africa." New Criminal Law Review 13, no. 4 (2010): 826–40. http://dx.doi.org/10.1525/nclr.2010.13.4.826.
Full textAbstract:
This article examines the nature of social attitudes toward adult rape in South Africa and the ways in which they may influence the response of criminal justice professionals to cases of rape. Tis article draws on a small study of law students who completed a questionnaire that sought to examine specific beliefs regarding rape victims and their behavior during and following rape. Te questionnaire examines issues that do not appear to have been explored within attitude surveys thus far in South Africa. Te findings from this survey, along with the wider research literature on attitudes toward rape, suggest that rape myths and stereotypes are widespread in South African society and that they are also shared by some criminal justice professionals. Te article also notes some encouraging trends in South Africa. In particular, the judiciary has shown clear disapproval of the institutional failure to protect victims of rape and sexual assault. Te judiciary has also explicitly rejected myths pertaining to the behavior of rape victims, which will be discussed in this article. Although these trends are encouraging, there remains a clear need to address the problem of rape myths and stereotypes both in the general population and within the criminal justice system.
2
Werle, Gerhard, and Moritz Vormbaum. "African States, the African Union, and the International Criminal Court : A Continuing Story." Volume 60 · 2017 60, no. 1 (January 1, 2018): 17–42. http://dx.doi.org/10.3790/gyil.60.1.17.
Full textAbstract:
This article analyses the strained relationship between African States, the African Union, and the International Criminal Court. It starts by scrutinising the allegations of ‘anti-Africa bias’ that the African Union and some African States have voiced towards the International Criminal Court. Then it looks at the threat of a pull-out of certain African States parties from the ICC Statute after Burundi, South Africa, and The Gambia declared in October 2016 that they were planning to withdraw from the Court. Finally, it analyses the Malabo Protocol, an initiative by the African Union which aims to create criminal chambers in the African Court of Justice and Human and Peoples’ Rights, simply put: an ‘African Criminal Court’.
3
De Wet, S., and J. Visser. "DNA Profiling and the Law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 4 (June 8, 2017): 170. http://dx.doi.org/10.17159/1727-3781/2011/v14i4a2587.
Full textAbstract:
DNA evidence is currently at the forefront of the arsenal of evidence employed in criminal trials. To ensure its optimum use in criminal proceedings, it is imperative that the legal fraternity is properly conversant with the scientific basis and presentation of such evidence, as well as with its potential pitfalls. In an effort to provide the legal profession with a background to this complex and useful type of evidence, this article looks at the biochemical nature of DNA, at DNA profiling and its use in criminal trials, and at the processes of DNA collection and analysis in the Biology Unit of the Forensic Science Laboratory of the South African Police Service. The presentation of DNA evidence in court is then evaluated and the future of DNA evidence, including legislative reform, and the creation of a DNA database are discussed.
4
Mosaka, Tshepo Bogosi. "The Black Flame (part two): Snyman’s Criminal Law." South African Journal of Criminal Justice 34, no. 3 (2021): 442–60. http://dx.doi.org/10.47348/sacj/v34/i3a2.
Full textAbstract:
This is the second of a trilogy of papers (entitled after WEB du Bois’s trilogy of novels titled The Black Flame) reviewing Snyman’s Criminal Law. The decision to commence working on the review was made after encountering the unprecedented section on African customary law in the latest edition of the book. This is a major achievement for this work that promises an exciting change of direction. This paper focuses on four areas in which the book can proceed further into this new direction. These include: (i) a comprehensive clarification of the underlying jurisdictional complexity within which South African criminal law (as inheritor of Roman-Dutch and English law) currently finds itself; (ii) the comparative nature and source of Snyman’s preferred arrangement of his general principles of criminal liability; (iii) the brief account of legal history in the introductory section; and (iv) the section on African customary criminal law. The overall argument made is that a northbound-gazing criminal law scholarship makes comparative criminal law between South Africa and European jurisdictions virtually impossible. The next edition of Snyman’s Criminal Law will be served better by a comparative focus on African jurisdictions and less on Europe.
5
Pillay, Judge Navi. "South Africa’s Engagement with International Human Rights Law." Stellenbosch Law Review 2021, no. 3 (2021): 356–85. http://dx.doi.org/10.47348/slr/2021/i3a1.
Full textAbstract:
The commitment to human rights is the cornerstone of the Constitution of the Republic of South Africa, 1996. However, South Africa’s human rights record in the international community often stands in stark contrast to its constitutional commitment to human rights. In both international and regional contexts, South Africa has demonstrated an inconsistent approach to foreign policy that is often guided more by political considerations than by a principled commitment to advancing human rights. This lecture provides an overview of South Africa’s engagement with international human rights law in the constitutional era and evaluates its human rights record in the international arena in a diverse range of fields. These fields include South Africa’s record of human rights protection in peace and security operations on the African continent; its record as a member of the UN Security Council and Human Rights Council; the assessment of its performance by UN human rights treaty bodies; and its record in respect of the Covid-19 pandemic, international criminal justice, the death penalty, and the arms trade. The lecture draws on Judge Pillay’s extensive experience in international law, including as President of the International Criminal Tribunal for Rwanda, Judge at the International Criminal Court in The Hague and former UN High Commissioner for Human Rights.
6
Mosaka, Tshepo. "The Black Flame (part one): Snyman’s Criminal Law." South African Journal of Criminal Justice 34, no. 2 (2021): 214–30. http://dx.doi.org/10.47348/sacj/v34/i2a3.
Full textAbstract:
The latest edition of Snyman’s Criminal Law has reached the status of scholarly immortality. It has been revised by Hoctor, but Snyman’s name lives on. This is consistent with the argument made in Part one of the review of this book. This is a review conducted through a trilogy of papers, analogous to WEB du Bois’s trilogy of novels entitled the Black Flame. Part one begins by clarifying why this review is conducted in this way. The paper then proceeds to contextualise Snyman’s Criminal Law alongside the two dominant traditions of South African criminal law, following the work of Gardiner and Lansdown and De Wet and Swanepoel. Thirdly, the paper concludes by developing the argument that South African criminal law remains in a perpetual northbound-gaze towards Europe and away from Africa. This theme is developed further in Parts two and three of this review.
7
Kawadza, Herbert. "Reconsidering criminal law-based liability for corporations and directors in South Africa." Journal of Financial Crime 26, no. 4 (October 7, 2019): 1085–94. http://dx.doi.org/10.1108/jfc-07-2018-0070.
Full textAbstract:
Purpose It is recognised that the mere proscription of corporate offences is not adequate to deter misconduct or engender compliance. There is a need for the enforcement of the rules through robust culture-changing sanctions. The purpose of this paper is to demonstrate the inadequacies of criminal law liability in ensuring compliance with ethical corporate conduct in South Africa. Design/methodology/approach This paper is purely qualitative. For expository purposes, it draws from the Criminal Procedure Act, 51 of 1977 as well the corporate criminality enforcement trends and data from the National Prosecutions Agency’s annual reports to demonstrate that much as criminal liability is enshrined in a statute it has, however, not yielded the expected results. It situates the debate within the broader economic criminological scholarship. Findings This paper argues that even though the option of prosecuting corporations and directors is part of South African law, many corporate offences are not brought into the criminal justice system. Judging by its erratic imposition, criminal liability has failed to express the indignation and condemnation that are normally attached to criminal sanctions. Several reasons account for this. These include evidentiary, legal, technical and definitional complexities of some corporate offences, which lead to them being regarded as “unprosecutable crimes”. This has a negative impact on enforcement. Originality/value This paper is novel because it approaches the debate from a fresh perspective, economics and criminology. Not much scholarly attention has been devoted to analysing the efficacy of criminal sanctions in the South African context. This paper attempts to fill that gap.
8
Dugard, John. "Southern Africa Litigation Centre v. Minister of Justice and Constitutional Development (N. Gauteng High Ct., Pretoria)." International Legal Materials 54, no. 5 (October 2015): 927–44. http://dx.doi.org/10.5305/intelegamate.54.5.0927.
Full textAbstract:
In June 2015, President Omar Hassan Ahmad Al Bashir of Sudan attended a meeting of the African Union (AU) in Johannesburg, South Africa, despite the fact that a warrant had been issued for his arrest by the International Criminal Court (ICC) for the commission of war crimes, crimes against humanity, and genocide in the Darfur region. Although South Africa, a party to the ICC, was obliged to arrest Al Bashir and surrender him to the ICC under the terms of the Rome Statute of the ICC, the South African government made no attempt to apprehend him. On the application of a South African public interest law firm, the North Gauteng High Court ordered that the government was required by law to arrest and detain Al Bashir. Al Bashir was, however, allowed to leave South Africa.
9
Kramers-Olen, Anne. "The defence of sane automatism and non-pathological criminal incapacity in South Africa: an epistemological intersection between psychology and law." South African Journal of Psychology 49, no. 2 (April 15, 2019): 188–98. http://dx.doi.org/10.1177/0081246319843228.
Full textAbstract:
Psychologists and psychiatrists are frequently requested to offer expert opinion regarding the defences of non-pathological criminal incapacity and sane automatism – which are increasingly raised in criminal courts in South Africa. This article briefly explores the development of these defences in South African criminal law and highlights some of the conceptual and epistemological difficulties at the intersection between the law and psychology. The changing legal understandings of the concepts of sane automatism and non-pathological criminal incapacity require careful consideration by mental health experts, and, while these experts can undoubtedly assist the courts, they should be cautious of using reductionist methods to conflate psychological concepts with legal concepts.
10
Van der Merwe, Hermanus J. "The Prosecution of Incitement to Genocide in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 327. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2436.
Full textAbstract:
The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The creation of the crime was a direct result of the horrific effects of acts of incitement before and during the Second World War. Today the crime is firmly established under international law and is also criminalised in many domestic legal systems. History shows that incitement to crime and violence against a specific group is a precursor to and catalyst for acts of genocide. Consequently, the goal of prevention lies at the core of the prohibition of direct and public incitement to genocide. However, it may be said that this preventative objective has thus far been undermined by a general lack of prosecutions of the crime, especially at the domestic level. This prosecutorial void is rather conspicuous in the light of the new vision of international criminal justice under which domestic legal systems (including that of South Africa) bear the primary responsibility for the enforcement of the law of the Rome Statute of the International Criminal Court (Rome Statute), which in Article 25(3)(e) includes the crime of direct and public incitement to commit genocide. This article provides a brief historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda (ICTR). Thereafter it examines the criminalisation of incitement to genocide in contemporary South African law in order to assess South Africa’s capacity to prosecute incitement to genocide at the domestic level. In this regard there are, in theory, various 'legal avenues' for the prosecution of incitement to commit genocide in South Africa, namely: as a crime under the Riotous Assemblies Act 17 of 1956; as a crime under the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (the ICC Act); or as a crime under customary international law pursuant to section 232 of the Constitution of the Republic of South Africa, 1996. The article reflects critically on the viability of prosecuting incitement to genocide in terms of each of these alternatives. The article highlights a number of practical and legal problems as regards the prosecution of incitement to commit genocide under the Riotous Assemblies Act as well as under customary international law. It is argued that the prosecution of incitement to genocide in terms of the ICC Act is preferable, as this would respond directly to an international consensus as regards the unique and egregious nature of genocide by providing for a limited form of extraterritorial criminal jurisdiction. Prosecution under the ICC Act would also reflect the objectives of the Rome Statute pursuant to which South Africa has certain international legal obligations. However, it is submitted that legislative amendment of the ICC Act is needed, since the crime is not explicitly provided for thereby at present. It is submitted that the legislative amendment must provide for the distinct crime of direct and public incitement to genocide in terms of South African criminal law. Such an amendment will remove the existing legal obstacles to the domestic prosecution of incitement to genocide and enable effective prosecution thereof at the domestic level. The proposed amendment will have the effect of strengthening the alignment between South African law and the objectives of the Rome Statute and may have preventative benefits in the long run.
11
van der Bijl, Charnelle, and Philip N. S. Rumney. "Attitudes, Rape and Law Reform in South Africa." Journal of Criminal Law 73, no. 5 (October 2009): 414–29. http://dx.doi.org/10.1350/jcla.2009.73.5.591.
Full textAbstract:
In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.
12
van As, Hennie. "Legal aid in South Africa: making justice reality." Journal of African Law 49, no. 1 (April 2005): 54–72. http://dx.doi.org/10.1017/s0021855305000057.
Full textAbstract:
Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.
13
Dancy, Geoff, and Florencia Montal. "Unintended Positive Complementarity: Why International Criminal Court Investigations May Increase Domestic Human Rights Prosecutions." American Journal of International Law 111, no. 3 (July 2017): 689–723. http://dx.doi.org/10.1017/ajil.2017.70.
Full textAbstract:
The International Criminal Court (ICC) is controversial, acutely so in Africa. The first thirty-nine people it indicted were all African. It did not open any formal investigations outside Africa until the 2016 decision to investigate conduct related to the 2008 Georgia-Russia war. The first three notifications of withdrawal from the ICC Statute, each made in 2016, were by Burundi, South Africa, and Gambia. While South Africa and Zambia reversed their initial intentions, Burundi in fact became the first state party to withdraw from the ICC in October 2017. These maneuvers are closely connected to country-specific political and legal considerations, but they overlap with concerns expressed by governments in other countries including Kenya and Namibia. Among these concerns is that “the ICC has become the greatest threat to Africa's sovereignty, peace and stability,” and that “the ICC is a colonial institution under the guise of international justice.”
14
Chanock, Martin. "Criminological Science and the Criminal Law on the Colonial Periphery: Perception, Fantasy, and Realities in South Africa, 1900-1930." Law & Social Inquiry 20, no. 04 (1995): 911–39. http://dx.doi.org/10.1111/j.1747-4469.1995.tb00696.x.
Full textAbstract:
This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.
15
Mokgoro, Y. "Ubuntu and the law in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 16. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2897.
Full textAbstract:
The new constitutional dispensation, like the idea of freedom in South Africa, is also not free of scepticism. Many a time when crime and criminal activity are rife, sceptics would lament the absence of ubuntu in society and attribute this absence to what they view as the permissiveness which is said to have been brought about by the Constitution with its entrenched Bill of Rights. Firstly, I would like to take this opportunity and (attempt to) demonstrate the irony that the absence of the values of ubuntu in society that people often lament about and attribute to the existence of the Constitution with its demands for respect for human rights when crime becomes rife, are the very same values that the Constitution in general and the Bill of Rights in particular aim to inculcate in our society. Secondly, against the background of the call for an African renaissance that has now become topical globally, I would like to demonstrate the potential that traditional African values of ubuntu have for influencing the development of a new South African law and jurisprudence. The concept ubuntu, like many African concepts, is not easily definable. In an attempt to define it, the concept has generally been described as a world-view of African societies and a determining factor in the formation of perceptions which influence social conduct. It has also been described as a philosophy of life. Much as South Africa is a multicultural society, indigenous law has not featured in the mainstream of South African jurisprudence. Without a doubt, some aspects or values of ubuntu are universally inherent to South Africa’s multi cultures. The values of ubuntu are therefore an integral part of that value system which had been established by the Interim Constitution. The founding values of the democracy established by this new Constitution arguably coincide with some key values of ubuntu(ism). Ubuntu(-ism), which is central to age-old African custom and tradition however, abounds with values and ideas which have the potential of shaping not only current indigenous law institutions, but South African jurisprudence as a whole. Ubuntu can therefore become central to a new South African jurisprudence and to the revival of sustainable African values as part of the broader process of the African renaissance.
16
Watney, Murdoch. "A South African perspective on mutual legal assistance and extradition in a globalized world." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (May 25, 2017): 291. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2489.
Full textAbstract:
This contribution focuses on the modalities of mutual legal assistance and extradition from a South African perspective. The question is posed whether South Africa has succeeded to establish the required framework as a fully fledged member of the international community to make a positive contribution in the fields of mutual legal assistance and extradition subsequent to its international political isolation during the apartheid era. Although the international community derives substantial benefit from a borderless global world, it has as a result also to deal with the negative impact of globalization on international crime. Physical and/or electronic crimes are increasingly committed across borders and may be described as borderless, but law enforcement (combating, investigation and prosecution of crime) is still very much confined to the borders of a state. Criminal networks have taken advantage of the opportunities resulting from the dramatic changes in world politics, business, technology, communications and the explosion in international travel and effectively utilize these opportunities to avoid and hamper law enforcement investigations. As a sovereign state has control over its own territory it also implies that states should not interfere with each other’s domestic affairs. The correct and acceptable procedure would be for a state (requesting state) to apply to another state (requested state) for co-operation in the form of mutual legal assistance regarding the gathering of evidence and/or extradition of the perpetrator. Co-operation between states are governed by public international law between the requesting and requested state and the domestic law of the requested state. The South African legislature has increasingly provided for extraterritorial jurisdiction of South African courts in respect of organized crime and terrorism. It does however appear that existing criminal justice responses are experiencing challenges to meet the demands of sophisticated international criminal conduct. Mutual legal assistance and extradition provisions may show that the world is becoming smaller for fugitives and criminals, but the processes are far from expeditious and seamless. An overview of the South African law pertaining to mutual legal assistance and extradition indicates that the South African legislative framework and policies as well as international treaties make sufficient provision to render international assistance in respect of mutual legal assistance and extradition. The role of the courts in upholding the rule of law and protecting the constitutionally enshrined bill of rights, is indicative of the important function that the judiciary fulfills in this regard. It is important that extradition is not only seen as the function of the executive as it also involves the judiciary. It appears that South Africa has displayed the necessary commitment to normalize its international position since 1994 and to fulfill its obligations in a globalized world by reaching across borders in an attempt to address international criminal conduct.
17
Naidoo, Kamban. "The Shaping, Enactment and Interpretation of the First Hate-Crime Law in the United Kingdom - An Informative and Illustrative Lesson for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (October 9, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1356.
Full textAbstract:
Hate crimes are crimes that are motivated by personal prejudice or bias. Hate-crime laws criminalise such conduct and allow for the imposition of aggravated penalties on convicted perpetrators. This article examines the historical, social and political factors which influenced the shaping and enactment of the first British hate-crime law. The South African context is also considered since the Department of Justice has recently released the Prevention and Combatting of Hate Crimes and Hate Speech Bill for public commentary and input.While Britain has had a long historical record of criminal conduct that was motivated by the race and the ethnicity of victims, it was only in the twentieth century that civil society first drew attention to the problem of violent racist crimes. Nevertheless, successive British governments denied the problem of racist crimes and refused to consider the enactment of a hate-crime law. Following a high-profile racist murder and a governmental inquiry, a British Labour Party-led government eventually honoured its pre-election commitment and passed a hate-crime law in 1998.Some parallels are apparent between the British and the South African contexts. South Africa also has a long historical record of racially motivated hate crimes. Moreover, in the post-apartheid era there have been numerous reports of racist hate crimes and hate crimes against Black lesbian women and Black foreigners. Despite several appeals from the academic and non-governmental sectors for the enactment of a hate-crime law, and the circulation for public commentary of the Prevention and Combating of Hate Crimes and Hate Speech Bill, such a law has hitherto not been enacted in South Africa. This article posits that the enactment of a hate-crime law is a constitutional imperative in South Africa in terms of the right to equality and the right to freedom and security of the person. While the enactment of a hate-crime law in South Africa is recommended, it is conceded that enacting a hate-crime law will not eradicate criminal conduct motivated by prejudice and bias.
18
Lubaale, Emma Charlene. "Covid-19-related criminalisation in South Africa." South African Journal of Criminal Justice 33, no. 3 (2020): 685–707. http://dx.doi.org/10.47348/sacj/v33/i3a9.
Full textAbstract:
Covid-19, a virus first identified in China, has since December 2019 wreaked its fair share of havoc across the globe. It has claimed hundreds of thousands of lives, with no continent spared. In March 2020, the World Health Organisation declared the virus a global pandemic and proceeded to call on states to take urgent measures to contain its spread. Governments across continents heeded the call by rolling out measures ranging from lockdowns to regulations giving effect to the measures adopted. On 15 March 2020, South Africa declared a state of national disaster and days later, a national lockdown in response to the Covid-19 pandemic. This lockdown was followed by regulations, all geared towards containing the further spread of this virus. Criminal law came into play in dealing with the violators of the Covid-19 Regulations and while these measures were well-intentioned, multiple issues have hardly been examined from a criminal law perspective. The purpose of this article is to demonstrate the limitation of criminalisation as a response to health issues. The article does this by engaging with previous failed attempts to rely on criminalisation to address public health issues; underscoring the effect that some of the regulations have on the criminal law principle of legality and bringing to the fore the unintended consequence of criminalising poverty in a society that is already unequal. In engaging with these three themes, the analysis provides a context through which Covid-19-related criminalisation should be viewed and affords reasons why the criminalisation approach is counterproductive and should not be considered in dealing with future pandemics. The conclusions drawn are instructive to other countries in light of the fact that criminalisation in the wake of the Covid-19 pandemic was not unique to South Africa.
19
Basdeo, Vinesh M., Moses Montesh, and Bernard Khotso Lekubu. "SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE." Journal of Law, Society and Development 1, no. 1 (September 1, 2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.
Full textAbstract:
Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.
20
Scheinert, Josh. "Refusal to Save Lives: A Perspective from International Criminal Law." International Criminal Law Review 13, no. 3 (2013): 627–63. http://dx.doi.org/10.1163/15718123-01303003.
Full textAbstract:
This article examines whether or not the refusal to accept life-saving humanitarian aid can qualify as a crime against humanity in international criminal law. By looking at the refusal to accept a certain HIV/AIDS drug in South Africa, and humanitarian aid in the wake of Cyclone Nargis in Burma, this article seeks to test the limits of the current understanding and conception of what a crime against humanity is. After a thorough review of the jurisprudence the article turns to apply the law to what transpired in South Africa and to Burma, and concludes that those situations do comport with the crime against humanity of ‘other inhumane acts’.
21
Nakitto, Saidat. "South Africa’s Exercise of Universal Jurisdiction." International Human Rights Law Review 3, no. 1 (June 4, 2014): 146–58. http://dx.doi.org/10.1163/22131035-00301005.
Full textAbstract:
On 27 November 2013 the Supreme Court of Appeal of South Africa affirmed the decision of the High Court that South Africa’s Implementation of the Rome Statute of the International Criminal Court Act 2002 (icc Act) empowered South African officials to initiate investigations into crimes against humanity committed in Zimbabwe in the absence of the perpetrators in South Africa. This decision was in response to the true interpretation of section 4(3)(c) of the icc Act providing for universal jurisdiction. This paper examines the judgment of this Court, arguing that though customary international law is silent on the requirement for presence of the perpetrators for initiation of investigation, the Court should have given proper examination of this section by taking into consideration of the previous presence of some of the perpetrators in South Africa after the alleged crimes were committed.
22
Huebner, Marshall S. "Who Decides? Restructuring Criminal Justice for a Democratic South Africa." Yale Law Journal 102, no. 4 (January 1993): 961. http://dx.doi.org/10.2307/796837.
Full text
23
Masiangoako, Thato. "Rationalizing injustice: The reinforcement of legal hegemony in South Africa." South African Crime Quarterly, no. 66 (April 18, 2019): 7–18. http://dx.doi.org/10.17159/2413-3108/2018/v0n66a5633.
Full textAbstract:
The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention, and focuses particularly on how their perceptions of the law reinforce the legitimacy and hegemonic status enjoyed by the criminal justice system and broader legal system in South Africa. The article draws on original interviews with community activists, student activists and migrants, who recounted their experiences of arrest and detention. Using a socio-legal framework of legal consciousness, the article unpacks how these groups reinforce legal hegemony through the ways in which they understand and rationalise their experiences of punishment. Despite the reasonable expectation that those who have experienced a miscarriage of justice would be most sceptical and pessimistic about the law’s legitimacy, this article finds that they continue to maintain their faith in the law. The article presents an analysis of interviews conducted with members of these groups, and shares evidence that begins to explore some of the ways in which South Africa’s criminal justice system is able to sustain its legitimacy, despite the gaps between what the law ought to be and what the law actually is.
24
Masiangoako, Thato. "Rationalizing injustice: The reinforcement of legal hegemony in South Africa." South African Crime Quarterly, no. 66 (April 18, 2019): 7–18. http://dx.doi.org/10.17159/2413-3108/2018/i66a5633.
Full textAbstract:
The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention, and focuses particularly on how their perceptions of the law reinforce the legitimacy and hegemonic status enjoyed by the criminal justice system and broader legal system in South Africa. The article draws on original interviews with community activists, student activists and migrants, who recounted their experiences of arrest and detention. Using a socio-legal framework of legal consciousness, the article unpacks how these groups reinforce legal hegemony through the ways in which they understand and rationalise their experiences of punishment. Despite the reasonable expectation that those who have experienced a miscarriage of justice would be most sceptical and pessimistic about the law’s legitimacy, this article finds that they continue to maintain their faith in the law. The article presents an analysis of interviews conducted with members of these groups, and shares evidence that begins to explore some of the ways in which South Africa’s criminal justice system is able to sustain its legitimacy, despite the gaps between what the law ought to be and what the law actually is.
25
Mogale, Ramadimetja S., Kathy Kovacs Burns, and Solina Richter. "Violence Against Women in South Africa." Violence Against Women 18, no. 5 (May 2012): 580–94. http://dx.doi.org/10.1177/1077801212453430.
Full textAbstract:
Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.
26
Weitzer, Ronald, and Cheryl Beattie. "Police killings in South Africa: Criminal trials 1986–1992∗." Policing and Society 4, no. 2 (July 1994): 99–117. http://dx.doi.org/10.1080/10439463.1994.9964687.
Full text
27
Nwafor, Anthony O. "Corporate Criminal Responsibility: A Comparative Analysis." Journal of African Law 57, no. 1 (February 1, 2013): 81–107. http://dx.doi.org/10.1017/s0021855312000162.
Full textAbstract:
AbstractThis article focuses on the extent of a company's responsibility for the criminal conduct of its employees. It considers the initial reluctance of common law courts to hold corporations criminally responsible for offences requiring mens rea, a mental element not found in artificial persons. The courts overcame this initial difficulty with recourse to the identification doctrine, which seeks to attribute to a company the fault of certain of its officers. However, the restrictiveness and inconsistencies embodied in the various judicial statements of that doctrine precipitated recourse in some jurisdictions to civil law concepts, such as respondeat superior, vicarious liability and even strict liability, to found corporate criminal responsibility. The need to streamline the scope of, if not enhance, corporate criminal liability, has engendered statutory reforms in some jurisdictions. The article considers reforms in Australia, the UK, Canada and the USA, in comparison with the situation in South Africa and Lesotho.
28
Phelps, Kelly. "The Role of Error in Objecto in South African Criminal Law." Journal of Criminal Law 80, no. 1 (February 2016): 45–63. http://dx.doi.org/10.1177/0022018315623683.
Full textAbstract:
State v Pistorius provides an opportunity to consider error in objecto in the context of the broader approach to dolus in South African criminal law. For the last 60 years South Africa has taken a consistently subjective approach to assessing intention, evidenced through the courts’ rejection of versari, the presumption of intent and transferred malice. This upholds individual autonomy and assigns blame on a principled basis, thus it has achieved recognition from the Constitutional Court. By recognising foresight/knowledge of unlawfulness as a component of dolus, De Blom took subjectivity to its logical conclusion in 1977. Consequently, error in objecto likely only applies to dolus directus, is heavily influenced by the now defunct doctrine of transferred malice and has not become an entrenched principle in our law. It must thus yield to the basic principles of criminal law, including subjectivity and the putative defences flowing from De Blom. This was the manner in which it was correctly applied in State v Pistorius, although the reasoning was not evident in the judgment. Reviewing error in objecto in the broader scheme of dolus therefore shows that it is inaccurate to claim that the victim’s identity is always irrelevant to a charge of murder.
29
Karia, Pooja M., and Ally Possi. "South Africa’s Withdrawal from The Rome Statute: A Note on Democratic Alliance v. Minister of International Relations and Cooperation and Others." African Journal of Legal Studies 10, no. 2-3 (December 7, 2017): 227–33. http://dx.doi.org/10.1163/17087384-12340023.
Full textAbstract:
Abstract Africa and the International Criminal Court (ICC) are having a turbulent relationship, since the implication of the Sudanese President Omar A-Bashir by the Court with the atrocities committed in the Darfur region. The attitude of African countries against the Court has led to some rampaging voices, calling for an African solidarity to exit the ICC. Few African countries, including South Africa, have stepped to the plate responding to the call. However, the process has been coated with uncertainties, mostly leading to constitutional power wrangle among the constitutional branches of governance. The High Court of South Africa, for instance, has been the ‘mediator’ when the executive and legislature clashed over South Africa’s pursuance to withdraw from the ICC. Thus, this commentary revisits the case of Democratic Alliance v. Minister of International Relations and Cooperation and Others, and exposes the power ‘wrangle’ between the executive and legislature when South Africa engineered her failed exit from the ICC.
30
Chanock, Martin. "Writing South African Legal History: A Prospectus." Journal of African History 30, no. 2 (July 1989): 265–88. http://dx.doi.org/10.1017/s0021853700024130.
Full textAbstract:
This article outlines the approach to the writing of South African legal history being taken in a book in progress on the South African legal system between 1902 and 1929. It suggests that legalism has been an important part of the political culture of South Africa and that, therefore, an understanding of legal history is necessary to a comprehension of the South African state. It offers a critique of the liberal notion of the rule of law as a defence against state power, arguing that in the South African context ideological and legitimising explanations of law should be de-emphasised in favour of an approach which emphasises the instrumental nature of law in relation to state power. Elements of the existing legal and historical literature are briefly reviewed.The basic orientation is to consider the South African legal system as essentially a post-colonial British system rather than one of ‘Roman-Dutch law’. The study is divided into four parts. The first looks at the making of the state between 1902 and 1910 and considers the role and meaning of courts, law and police in the nature of the state being constructed. The second discusses ‘social control’. It considers the ideological development of criminology and thought about crime: the nature of ‘common law’ crime and criminal law in an era of intensified industrialisation; the development of statutory criminal control over blacks; and the evolution of the criminalising of political opposition. The third part considers the dual system of civil law. It discusses the development of Roman-Dutch law in relation to the legal profession; and outlines the development of the regime of commercial law, in relation to contemporary class and political forces. It also examines the parallel unfolding of the regime of black law governing the marital and proprietal relations of blacks, and embodied in the Native Administration Act of 1927. The final segment describes the growth of the statutory regime and its use in the re-structuring of the social order. It suggests that the core of South African legalism is to be found in the emergence of government through the modern statutory form with its huge delegated powers of legislating and its wide administrative discretions.
31
Fambasayi, Rongedzayi, and René Koraan. "Intermediaries and the International Obligation to Protect Child Witnesses in South Africa." Potchefstroom Electronic Law Journal 21 (April 16, 2018): 1–30. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a2971.
Full textAbstract:
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
32
Mabasa, Christopher, Adewale Olutola, and Jacob Mofokeng. "The role of social media in combating organised crime in the Limpopo Province, South Africa." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 1 (February 14, 2022): 252–62. http://dx.doi.org/10.20525/ijrbs.v11i1.1553.
Full textAbstract:
Social media is considered a double-edged sword, with both positive and negative effects. A qualitative research approach was adopted to explore the extent to which and the ways in which South African police use social media in the study area. The findings were collected through semi-structured interviews with 22 participants comprising the South African Police Service (SAPS) officials in the Giyani Cluster policing area. The findings indicate that criminals in the Limpopo Province use social media to commit crimes in the country, other countries in Africa, and elsewhere. The findings also indicate that social media is used to bring positive attention to law enforcement agencies and aid in criminal investigations. Although the positive impact of social media was highlighted in these experiences, persistent problems and challenges also featured in the data. Finally, officer insights were drawn upon to make recommendations for future policing policy and research. This paper concludes that social media as a tool can be utilised in terms of data gathering, prediction and spotting broader patterns, for combating organised crime by the SAPS.
33
Maree, Alice. "Bank Robbery in South Africa: The Crime and the Criminal." Security Journal 12, no. 2 (April 1999): 53–61. http://dx.doi.org/10.1057/palgrave.sj.8340020.
Full text
34
Nana, Constantine Ntsanyu. "Corporate Criminal Liability in South Africa: The Need to Look Beyond Vicarious Liability." Journal of African Law 55, no. 1 (March 3, 2011): 86–104. http://dx.doi.org/10.1017/s0021855311000040.
Full textAbstract:
AbstractCorporate criminal liability is a problematic concept, especially where it is based on an exceptionable principle such as vicarious liability. This is the case with the South African model. This article seeks to demonstrate that this model requires substantial modification because it compels the court to adopt the incoherent exercise of holding a corporation (which is a distinct person) liable for the intentional act (crime) of any of its agents, whether or not there is criminal intention on the corporation's part and whether or not it was aware of, or could have prevented the commission of the offence. It is submitted that it is more appropriate to hold a corporation liable only where it has been established that the course of conduct that resulted in the offence was encouraged or tolerated by persons who embody the corporation (usually sufficiently empowered managers or members of the board of directors).
35
Mosaka, Tshepo Bogosi. "A decolonial legal method." South African Law Journal 138, no. 4 (2021): 761–98. http://dx.doi.org/10.47348/salj/v138/i4a5.
Full textAbstract:
A survey of the burgeoning body of scholarship on decolonising education in South Africa leaves one with the impression that this is an area of scholarship that is yet to mature, particularly due to the rarity with which its scholars engage in self-conscious reflections on their methods. The article addresses this in two ways. The second part of the article theorises generally about an appropriate method of decolonising the discipline of law. The proposed method rests on four conditions: (1) standpoint (with whom is one in conversation in broader debates about decolonial education?); (2) historicity (what particular aspects of a specified branch of law were inherited from colonial Europe and with which other African countries does South Africa have this in common?); (3) evaluative/critical (what is problematic about the identified colonial inheritances for the present epoch?); (4) remedial (what changes are proposed towards the development of the branch of law concerned, and the discipline as a whole?). The third part then proceeds to illustrate how to apply this method towards decolonising evidence scholarship in Africa. Ultimately, it is argued that the political legitimacy of African criminal process remains endangered by the colonial inheritances that currently are embedded in the law of evidence.
36
Zaal, F. Noel, and Carmel R. Matthias. "Intermediaries for Child Witnesses: Old Problems, New Solutions and Judicial Differences in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 251–69. http://dx.doi.org/10.1163/157181810x527987.
Full textAbstract:
AbstractSouth Africa has utilised intermediaries to protect child witnesses and assist their communication in criminal proceedings in the magistrates' courts since 1993. is article examines some lessons to be learned from the South African experience. It provides an overview and assessment of attempts to overcome implementation problems and develop the legislation providing for intermediaries. It reviews contradictory solutions for improvement of the law recently put forward by the high court and constitutional court. Applying both the South African history and international standards, we argue that the high court offered a better way forward. We suggest some additional reforms which may also be relevant for advocates of the intermediary system in other jurisdictions.
37
Skelton, Ann, and Martin Nsibirwa. "#Schools on fire: Criminal justice responses to protests that impede the right to basic education." South African Crime Quarterly, no. 62 (December 13, 2017): 39–50. http://dx.doi.org/10.17159/2413-3108/2017/v0n62a3090.
Full textAbstract:
In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law.
38
Skelton, Ann, and Martin Nsibirwa. "#Schools on fire: Criminal justice responses to protests that impede the right to basic education." South African Crime Quarterly, no. 62 (December 13, 2017): 39–50. http://dx.doi.org/10.17159/2413-3108/2017/i62a3090.
Full textAbstract:
In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law.
39
Bekink, Mildred. "The Testimonial Competence of Children: A Need for Law Reform in South Africa." Potchefstroom Electronic Law Journal 21 (April 11, 2018): 1–32. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3407.
Full textAbstract:
Modern-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. In South Africa, as in many other countries, a child is, however, permitted to testify in a criminal court only once the presiding officer is satisfied that the child is competent to be a witness. The competency test, though, presents a critical initial challenge for child witnesses, as it focuses on their ability to answer questions about the concepts of truth and lies. These inquiries can be intimidating and confusing, especially to younger children, and may result in children who would otherwise have been capable of giving evidence being prevented from giving their testimony. Various legal and psychological fraternities have accordingly called for the abolition or amendment of the truth-lie competency requirement. Recent psychological research about the potential of a child to lie has once again raised fundamental questions about the competency inquiry, suggesting that an assessment of children's understanding of truth and lies has no bearing on whether the child will in fact provide truthful evidence in court. These empirical findings precipitated the amendment of competency rules by various countries such as the United Kingdom and Canada. The findings likewise raise serious questions and or doubt about the suitability of the South African competency requirements. The purpose of this paper is to review the current South African position with a view to proposing suggestions for meaningful legal reform.
40
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.
Full textAbstract:
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.
41
Rupcic, Sonia. "Mens Daemonica: Guilt, Justice, and the Occult in South Africa." Comparative Studies in Society and History 63, no. 3 (June 29, 2021): 599–624. http://dx.doi.org/10.1017/s0010417521000165.
Full textAbstract:
AbstractIn winter 2014, the town of Thohoyandou, South Africa was gripped with panic after a series of rapes and murders. In this area, notorious for its occult specialists and witchcraft, stories began to circulate attributing the violence to demonic forces. These stories were given credence by the young man who was charged with these crimes. In his testimony, he confirmed that he was possessed by evil forces. Taking this story as a point of departure, this article provides an empirical account of the ambivalent ways state sites of criminal justice grapple with the occult in South Africa. Drawing on twenty-two months of ethnographic fieldwork, I describe how spirit possession is not easily reconciled with legal methods of parsing criminal liability in courtrooms. And yet, when imprisoned people are paroled, the state entertains the possibility of bewitchment in public ceremonies of reconciliation. Abstracting from local stories about the occult, this article proposes mens daemonica (“demonic mind”) to describe this state of hijacked selfhood and as an alternative to the mens rea (“criminal mind”) observed in criminal law. While the latter seeks the cause of wrongdoing in the authentic will of the autonomous, self-governing subject, mens daemonica describes a putatively extra-legal idea of captured volition that implicates a vast and ultimately unknowable range of others and objects in what only appears to be a singular act of wrongdoing. This way of reckoning culpability has the potential to inspire new approaches to justice.
42
Pickles, Camilla. "Eliminating abusive ‘care’: A criminal law response to obstetric violence in South Africa." South African Crime Quarterly 54 (December 18, 2015): 5. http://dx.doi.org/10.4314/sacq.v54i1.1.
Full text
43
Murombo, Tumai, and Isaac Munyuki. "The Effectiveness of Plea and Sentence Agreements in Environmental Enforcement in South Africa." Potchefstroom Electronic Law Journal 22 (October 25, 2019): 1–41. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5685.
Full textAbstract:
A recent development in South African environmental law is the use of plea and sentencing agreements. The main objective of environmental law is to promote the sustainable use of natural resources while preventing pollution and ecological degradation. Grand environmental due diligence processes could achieve sustainable development; the use of criminal sanctions with sentencing agreements could be more effective. This paper answers the question whether the plea and sentencing agreements in reality achieve the objectives of environmental regulation? This study analyses this recent development by looking at selected recent cases in South Africa. The study found that plea and sentence agreements are potentially effective, subject to the effective monitoring of compliance and enforcement against non-compliance with the undertakings made by the accused person. Without institutional strengthening and effective monitoring, the plea and sentence agreement procedure remains ineffective.
44
Matthee, Jacques. "Die Mishandelde Vrou in die Strafreg: 'n Regsvergelykende ondersoek." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 214. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2744.
Full textAbstract:
This article seeks to critically examine recent criminal law developments in Australia, England and Wales that specifically address the situation in which battered women find themselves. This article specifically focuses on the question of whether or not South Africa can learn something from these developments in order to make better provision for battered women who kill their abusers after having suffered through years of physical abuse. The question of whether or not a separate defence can be created for battered women in South Africa is also explored in this article. In order to answer this question, an investigation is launched into suggested defences in Australia, New Zealand and South Africa.
45
Machethe, Petrus, and Jacob Tseko Mofokeng. "The impact of illicit drug networks on the effectiveness of law enforcement in South Africa." Technium Social Sciences Journal 27 (January 8, 2022): 338–60. http://dx.doi.org/10.47577/tssj.v27i1.5355.
Full textAbstract:
In the past few years, South Africa has experienced an enormous increase in the amount and types of illicit drug manufacturing, distribution and use. This has resulted in an increase in the burden of crime and health risks in the community. The patterns of drug availability and drug use have been linked to regional and country variations, socio-economic status, racial and geographical differences. Because of the dramatic increase in the availability of various illicit drugs, the United Nations Office on Drugs and Crime World Drug Report (2012) identified South Africa as one of the drug centres of the world. This raises concerns about whether law enforcement agencies perform their functions effectively. This paper focuses on the illicit drug networks that hinder the effectiveness of law enforcement in South Africa. The modus operandi used to produce and smuggle illicit drugs and the challenges experienced by law enforcement to prevent and combat illicit drugs will be discussed. The data was collected through in-depth interviews with experts within the criminal justice system in South Africa. The study conducted in 2017/ 2018 in terms of the scientific measurements, has adopted a qualitative approach. Data was collected from a target population consisting of 11 SAPS drug-related crime experts, including members of the SAPS specialised detectives of the Directorate for Priority Crime Investigation (DPCI), crime intelligence members, border police, the International Criminal Police Organisation (INTERPOL) and commanders at ports of entries. A documentary study was used as a secondary method of data collection. Data obtained from interviews were analysed by identifying common themes from the respondents' descriptions of their experiences.
46
Mosaka, Tshepo Bogosi. "The Black Flame (part three): Snyman’s Criminal Law." South African Journal of Criminal Justice 35, no. 1 (2022): 1–18. http://dx.doi.org/10.47348/sacj/v35/i1a1.
Full textAbstract:
Part three of this trilogy of papers (entitled after WEB du Bois’s trilogy of novels titled the Black Flame) concludes an extraordinarily prolonged attempt to open a dialogue with the esteemed author and revisor of Snyman’s Criminal Law. The core message of this trilogy is that a small window into a vibrant indigenous criminal law scholarship that is not perpetually northbound-gazing towards Europe has been opened by the latest edition of Snyman’s Criminal Law. The first two parts of this trilogy revealed some of the areas in which the next edition, and South African criminal law scholarship in general, can proceed further into this decolonial direction. This third paper builds on the first two, which focused mainly on the introductory and historical aspects (part one), and the General Part (part two) respectively, by focusing on the Special Part of South African criminal law. In particular, this paper makes decolonial interventions in three areas in which it is argued that the next edition of the book can improve: (i) the taxonomic arrangement of offences; (ii) the total exclusion of African customary law offences from the discussion; and (iii) the complex crime of corruption.
47
Ssenyonjo, Manisuli. "African States Failed Withdrawal from the Rome Statute of the International Criminal Court: From Withdrawal Notifications to Constructive Engagement." International Criminal Law Review 17, no. 5 (October 15, 2017): 749–802. http://dx.doi.org/10.1163/15718123-01705003.
Full textAbstract:
In 2016 three African states, namely South Africa, Burundi and The Gambia submitted written notifications of withdrawal from the Rome Statute of the International Criminal Court (Rome Statute) to the Secretary-General of the United Nations pursuant to Article 127 of the Rome Statute. Although the African Union (au) welcomed and fully supported the three States’ withdrawal notifications and considered them as ‘pioneer implementers’ of the au’s ‘Withdrawal Strategy’, The Gambia and South Africa withdrew their notifications of withdrawal before they became effective. This article examines three issues arising out of the said withdrawal notifications. It begins by examining the reasons as to why the three states submitted withdrawal notifications from the Rome Statute. It then considers the impact of the three states’ withdrawal notifications. It concludes by identifying steps that might be taken to ensure constructive engagement between African States and the icc.
48
Anya, Sylvester Ndubuisi, Miriam Chinyere Anozie, and John Funsho Olorunfemi. "Amid domestication and Afriexit: whither Nigeria and South Africa on the International Criminal Court?" Commonwealth Law Bulletin 46, no. 1 (January 2, 2020): 124–50. http://dx.doi.org/10.1080/03050718.2020.1756879.
Full text
49
Bello, Paul Oluwatosin. "Long-term criminal justice response to human trafficking in south africa: an impossible mission." Contemporary Justice Review 21, no. 4 (October 2, 2018): 474–91. http://dx.doi.org/10.1080/10282580.2018.1531716.
Full text
50
Ezeji, Chiji Longinus, and B. Simon Mahlangu. "THE EVALUATION OF DRONE AND INTELLIGENCE LED POLICING TECHNOLOGIES IN COMBATING CRIMES IN NIGERIA AND SOUTH AFRICA." Caleb International Journal of Development Studies 05, no. 02 (December 3, 2022): 250–70. http://dx.doi.org/10.26772/cijds-2022-05-02-13.
Full textAbstract:
This paper focuses on the application of drones and intelligence-led policing technologies in combating crime in South Africa and Nigeria The qualitative methodology was used adopting focus group technique for data collection. Findings reveals that most countries have set specific rules for drone flights and few restrictions are imposed on their weight carrying capacity, drones pose novel and difficult problems for law enforcement, drones have been put to a host of nefarious uses, from smuggling contraband into prisons, criminals used drones to supply illegal products, illicit drugs, contraband goods, criminals use drone for illegal surveillances, drones are used by law enforcement agents for surveillance and raiding, drones are used to carry out surveillance and crime investigations, drones can be flown remotely by an operator far away from the crime scene and in some jurisdictions the use of drones are lightly regulated by legislation, consequently local and state authorities are restricted from intercepting drones in flight, potentially even when a crime is in progress. There is need for improvements of drone technology to enable its applications by the criminal justice and law enforcement for resolving crime problems, intelligence led policing strategies should be adopted in consonance with drone technology for swift justice in Nigeria and South Africa, need for government of both countries to regulate drone technology, need to upgrade current legislation regulating the application of drones in both countries.