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

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Published: 4 June 2021

Last updated: 16 February 2022

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1

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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2

Nel, Mary. "Incest : a case study in determining the optimal use of the criminal sanction." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53462.

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Thesis (LLM)--Stellenbosch University, 2003.<br>ENGLISH ABSTRACT: The aim of this study is to determine standards or criteria to be used when deciding on the optimal use of the criminal sanction and to evaluate the efficacy of such criteria by applying them to an existing crime, namely incest. Since criminal punishment necessarily impacts negatively on the human rights of those subject to it, it is submitted that it should only be used as a last resort where it is absolutely necessary to do so. Relevant constitutional provisions and other legal sources are examined and used as the basis

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3

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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4

Marshall, Andrew. "Liability for Defective Software in South Africa." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4663.

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"There is no such thing as error-free code." This is neither the favoured mantra of a software development guru, nor the refrain of the chairman of a multinational software company, but the consensus of those at the coalface of software development the world over. [...] This paradigm raises interesting questions for the lawyer. There is no other discipline that operates on this basis. [...] It is only the software developer who, because of the complexity of software code, as well as the unpredictable environment in which his software will be executed, admits that the chance of his creation not

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5

Small, Jonathan Noel. "Re-evaluating the law of vicarious liability in South Africa." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1004771.

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This thesis is an analysis of the law of vicarious liability and its application within the legal framework of delict in South Africa. A brief overview of the historical development of this branch of law is given, with reference to the influences of Roman, Roman-Dutch and English law. That is followed by an exposition of the 'modem' interpretation of vicarious liability as applied in South African courts, highlighting apparent inconsistencies and the need for reform in what has become a persistently controversial area of law. Specific attention is paid to the so-called 'course and scope enquir

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6

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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7

Brandt, Denver Charles. "Civil liability of an employer for injuries on duty." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1042.

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The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases.

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8

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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9

Strydom, Zinta. "A critical analysis of strict product liability in South Africa." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25110.

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The goal of this dissertation is to highlight the ambiguities contained in section 61 of the Consumer Protection Act 68 of 2008 (CPA), which attempts to introduce strict product liability for the entire supply chain in the event of product failure, and to propose amendments from which both the consumer as well as the supply chain could benefit. The new dispensation of strict product liability will lead to a step away from the no-fault based liability system that our courts have implemented for decades. Although this system is unfamiliar to South Africa, strict liability regimes have been follo

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10

Apollos, Dumisani. "South African criminal justice : a paradigm shift to victim-centred restorative justice?" Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020078.

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The focal point of this treatise is the evaluation of the paradigm shift that has taken place in our South African criminal justice system post 1994. This shift is seen as a move away from a retribution approach to a more victim-centred approach. One needs to remember that the previous regime had unfair and unjust laws: to do away with such laws an interim constitution1 was enacted in Parliament in 1993 and became operational on 27 April 1994. It was the fundamental law of South Africa. This was later repealed by the final Constitution 2 on 4 April 1997. In its preamble it states categorically

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11

Tom, Sandile Alfred. "A critical analysis of individual liability of councillors in South Africa." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5191_1369144273.

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12

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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13

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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14

Mupanga, Godfrey. "The work of the international criminal court in Africa and challenges for the future of international criminal justice." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2645.

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Within the first decade of the ICC‟s existence, its case docket was composed of cases originating from Africa only. Relations between the African governments represented by the AU quickly deteriorated. The AU accuses the ICC of bias and unfair targeting of Africa. After the indictment of heads of states that include Omar Al Bashir of Sudan, Uhuru Kenyatta of Kenya and the late Muammar Gaddafi of Libya, the AU passed several resolutions where it reiterated its commitment to the rule of law and to combating impunity. The AU, however, instructed member states to cease all cooperation with the ICC

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15

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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16

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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17

Deysel, Petrus Gerhardus. "Dismissal of members of the South African Police Service for criminal convictions." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/6084.

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The dawn of democracy failed to bring legitimacy to the Police Service. Public and political debate seriously lambasted the Police Service for criminal offences committed on and off duty by police officials which pertained to the infringement on the individual rights regarding personal safety and the right to own property. The outcry against criminal offences by police officials forced the Police Service to deal decisively with criminality in the Police Service by means of fitness boards. While the government and public approved of the attempts to rid the Police Service of criminality it was m

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18

O'Brien, N. D. "The liability of Internet service providers for unlawful content posted by third parties." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1149.

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Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA) response is Chapter XI of the Electronic Communications and Transactions Act (ECTA). The protection it provides is however not absolute. It is limited to ISP’

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19

Roets, Maria Elizabeth. "Comparative perspectives on the doctrine of vicarious liability." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/3675.

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The doctrine of vicarious liability provides justification for a deviation from the general rule that fault is an indispensable requirement to attach liability to an individual. The doctrine provides that an aggrieved party may hold an employer liable for the wrongful or delictual conduct of its employees. The South African legal system inherited the doctrine of vicarious liability from common-law and the doctrine is deeply rooted in English-law. The South African legal sphere is subject to constant transformation and as a result hereof, the common-law doctrine of vicarious liability should al

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20

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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21

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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22

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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23

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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24

Tarantal, Willem Benjamin. "The right of appeal: Exercising the right of appeal from the lower courts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts.

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25

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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Chien, Li-Fen. "Do existing laws in South Africa hold directors personally liable for environmental transgressions?" University of the Western Cape, 2020. http://hdl.handle.net/11394/8008.

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Magister Legum - LLM<br>The number of environmental offences taking place continues to increase each year. Despite the special position of responsibility occupied by directors as the ‘directing mind and will’ of the companies responsible for the commission of these offences, directors appear to continue to be shielded unconditionally behind the separate legal personality of the company. This thesis consists of a thorough examination of existing environmental laws, as well as the Companies Act 71 of 2008 and the King IV Report on Corporate Governance, to determine whether the provisions contai

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27

Gerber, Tian Johannes. "VoIP : a corporate governance approach to avoid the risk of civil liability." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1016272.

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Since the deregulation of Voice over Internet Protocol (VoIP) in 2005, many South African organizations are now attempting to leverage its cost saving and competitive values. However, it has been recently cited that VoIP is one of the greatest new risks to organizations and this risk is cited to increase Information Security insurance premiums in the near future. Due to the dynamic nature of the VoIP technology, regulatory and legislative concerns such as lawful interception of communications and privacy may also contribute to business risk. In order to leverage value from the VoIP implementat

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Tyler, Robyn Zoe. "The impact of the bill of rights on extradition." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/830.

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The process of extradition is a vital component of International Criminal Law as a means of ensuring the suppression and prevention of international crimes. It is the internationally accepted method used by states to surrender an offender back to the state where the alleged offence was committed so that such offender can be tried and punished. Without such process, and with the ease of modern global travel, offenders would, in all likelihood be able to escape prosecution and punishment. Most organized democratic societies recognize that the suppression of crime is necessary for peace and order

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29

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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30

Nabileyo, Oversea. "The polluter pays principle and environmental liability in South Africa / by Oversea Nabileyo." Thesis, North-West University, 2009. http://hdl.handle.net/10394/4712.

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Environmental liability rules are crucial in a country such as South Africa. The issue of liability pertaining to pollution of or harm to the environment is a critical area in our law as environmental liability is not adequately addressed in terms of South African law.1 Liability law is thus directed towards the objectives of damage prevention and the distribution of loss in accordance with considerations of social justice. Liability law is necessary in order to prevent environmental pollution or degradation. An example of pollution to the environment is when goods are transported and a traffi

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31

Aganga, Olayemi. "The Indirect liability of mobile service providers in South Africa : a comparative study." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/37374.

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32

Dunywa, Mziwonke Samson. "A critical evaluation of section 332 of the Criminal Procedure Act 51 OF 1977." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/748.

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The general principle in criminal law is that a person is liable when committing a criminal offence. This may include an offence a person has facilitated or procured. Vicarious liability, a principle borrowed from civil law, is an exception to the general rule in that it allows for a person to be held liable for the criminal acts of another. Legal persons have no physical existence and do not have hands and brains like natural persons. A legal person acts through its directors, employees, members or representatives. The corporation, being distinct and separate from its agents, is held liable f

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Prinsloo, Megan Renay. "Factors impacting on the criminal investigation process in Cape Town, South Africa." Thesis, University of the Western Cape, 2004. http://hdl.handle.net/11394/4604.

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Masters of Public Health - see Magister Public Health<br>The World Health Organization (WHO) considers violence to be a global public health problem. It is estimated that 1.6 million people worldwide lost their lives to violence in 2000. This translates to a global rate of 28.8 deaths per 100 000 population. The end of Apartheid in South Africa in 1994 brought about various economic, social and political transitions within the country, resulting in rapid urbanization, increasing unemployment and deepening inequalities. Consequently, these conditions also brought about increased incidences o

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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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35

Lawlor, Ryan Mark. "Vicarious and direct liability of an employer for sexual harassment at work." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/825.

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Sexual harassment is an ever increasing drain on the resources of the modern employer, as well as serving to take up much time in terms of legal battles and court cases. The concept of sexual harassment has undergone much revision over the past decades, and South Africa is now firmly committed to the eradication of this problem. The Constitution protects and enshrines important rights like dignity, equality and the right to fair labour practices. These are further defined and protected through the application of various statutes, including the LRA, EEA, PEPUDA and the revised Code of Good Prac

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Price, Alistair Martin. "The influence of human rights on state negligence liability in England and South Africa." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607724.

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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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Matyeni, Bukelwa Wendy. "The impact of crime in socio-economic development of Mdantsane township." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020425.

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This study examined the impact of crime on socio-economic development in Mdantsane Township which is an urban area under Buffalo city Municipality. The study is concerned with the growing rate of crime, which is perceived to have affected community development. A survey was conducted for this study and questionnaires were administered for data collection. The study found that Mdantsane area is fraught with problems of high unemployment, high crime levels and lack of physical infrastructure. It was shown that the levels of crime like robbery and assault cases are the order of the day. Many crim

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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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Khumalo, Mildred Tariro. "An investigation of the efficacy of the Office of the Auditor-General in ensuring public financial accountability in the Gauteng Province." Thesis, University of Fort Hare, 2007. http://hdl.handle.net/10353/283.

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Increasing accountability is a key element in a wide variety of governance reforms, from national level, public sector restructuring, to anti corruption campaigns and to centralise service delivery at local levels. (Van Wyk, 2002:311). Financial accountability has a major effect on performance issues, and these two combined have implications on democratic accountability. It is obviously a fact that when public officials become accountable, this will have a positive effect on service delivery. The introduction of the Public Finance Management Act (PFMA) 1999 (Act 1 of 1999) as amended by Act 29

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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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Nunu, Sukoluhle Belinda. "The broadcasting of criminal trials : upholding the freedom of expression or undermining the right to fair trial?" Thesis, University of Fort Hare, 2017. http://hdl.handle.net/10353/2832.

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This study investigated the tension between the right to freedom of expression and the right to a fair trial in the context of the public broadcasting of criminal trials. The aim of the study was to determine whether the right of the media to broadcast criminal trials can be reconciled with the right of an accused person to a fair trial. To accomplish the above aim, the research undertook a review of the case law relating to televised criminal trials in order to determine how the courts have addressed the fair trial-free expression conflict. The study concluded that the ‘balancing exercise’ em

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Staude, Daylan. "The tax consequences of a contingent liability disposed of as part of the sale of a business as a going concern." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017544.

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The sale of an entity as a going concern has a number of tax consequences for both the purchaser and the seller. The tax deductibility of a contingent liability upon its transfer from the seller to the purchaser, where the selling price has been reduced by the value of the contingent liabilities transferred, remains uncertain following the decision in Ackermans Ltd v Commissioner for the South African Revenue Service. An expense is either deductible under a specific section of the Income Tax Act, 58 of 1962, or under the general expense provisions in terms of sections 11(a) and 23(g). The Act

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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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Makiwane, Paterson Nkosemntu. "The nature of association and dissociation for common purpose liability." Diss., 1999. http://hdl.handle.net/10500/17306.

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Since the pre-requisites for common-purpose liability where there was no prior agreement were laid down in S V Mgedezi 1989 (1) SA 687 (A), the appellate division has moved to resolve related controversial issues. These include the question whether a joiner-in is a perpetrator or accomplice, and whether he should be convicted of murder or attempted murder. It is the question of dissociation which has remained elusive. Courts accept that a person should only be criminally liable when his dissociation from a common purpose takes place after the commencement of execution stage i

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Dzinotyiweyi, Tafaranazvo. "Corporate criminal liability in South Africa: why section 332 of the criminal procedure act may not be most effective way to regulate corporate crimes in South Africa." Thesis, 2018. https://hdl.handle.net/10539/27774.

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Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg<br>With the upsurge of corporate activity in the world many countries have incorporated ways in which to regulate corporate crimes. That has been achieved through ‘corporate criminal liability’. Companies are juristic persons, therefore criminal liability cannot be attached to a company through its direct conduct. Unlike natural persons, companies can only be found criminally liable through the conduct of their

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Badenhorst, Charmain. "Criminal capacity of children." Thesis, 2006. http://hdl.handle.net/10500/897.

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In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statisti

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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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Harry, Lionel David. "A legal analysis of the study of the scientific evidence of Deoxyribonucleic Acid (DNA)." Diss., 2020. http://hdl.handle.net/10500/27883.

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This study analyses how DNA evidence can be distorted by the behaviour of criminal investigators and role-players within the Criminal Justice System (CJS). This has a negative impact on justice resulting in further criminality. The study has resulted in revelatory weaknesses owing to constitutional violations which cause sound evidence to become futile as it will not be admissible in court. Justice is aborted. The researcher has further explained the properties of the pertinent terms, such as: mental illness, psycho-social functioning, DNA, forensic investigator, forensic psychology, and court

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Geoffrey, Leandre Christina. "An exploration on the criminal capacity of child offenders with psychiatric disorders." Diss., 2016. http://hdl.handle.net/10500/25090.

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The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored. The data collection tool for this study was a semi-structured intervi

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