Academic literature on the topic 'Criminal procedure, South Africa'
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Journal articles on the topic "Criminal procedure, South Africa"
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Nortje, Windell, Abraham Hamman, and Chesne Albertus. "Deciphering Dangerousness: A Critical Analysis of Section 286A and B of the Criminal Procedure Act 51 of 1977." Potchefstroom Electronic Law Journal 22 (October 11, 2019): 1–25. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5950.
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The violent nature of some crimes and the high crime rate in South Africa reflect the fact that some offenders constitute a real threat to the security of communities. It is understandable, therefore, that the state seeks to protect its citizens through preventive measures. Although South Africa has certain legal provisions on its statutory books, it seems that the declaration of persons as dangerous criminals is under-utilised. South African legislation dealing with the declaration of dangerous criminals can be improved by borrowing some traits of the Canadian legislation. Such features include the restriction of courts' discretion and the provision of concrete and more detailed guidelines on the nature of the offences for which the provision can be applied. The courts could also take into account the type of criminal history of the offender which would merit the declaration of a dangerous criminal. It is also important that the extent of the violence in an offence should be thoroughly defined in court. Courts need to balance their wide discretion on the matter with the provisions in the Act in order to protect the community against dangerous criminals.
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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 (2014): 48–67. http://dx.doi.org/10.25159/2520-9515/874.
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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.
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Basdeo, Vinesh. "The Constitutional Validity of Search and Seizure Powers in South African Criminal Procedure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (2017): 301. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2747.
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An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. The South African Constitution[1] recognises that state authorities should not be permitted untrammelled access to search and seize. It is a necessary incident to democracy that citizens must be protected from unjustified intrusions of privacy and property by agents of the state. Otherwise, arbitrary state actions could severely affect the personal freedom and associated fundamental rights that are intended to be a predominant feature of democratic society. In this article I consider whether or not certain provisions contained in the Criminal Procedure Act 51 of 1977 and the South African Police Service Act 68 of 1995 (hereafter the Criminal Procedure Act and the South African Police Service Act respectively) are in conflict with the Constitution. The provisions deal with search and seizure. I will also turn to the laws of foreign jurisdictions, specifically of the United States and Canada, for guidance and comparison. At the outset it should be pointed out that this article does not argue for the abolition of the search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act. It is acknowledged albeit reluctantly, that there may still be a need for some of them. It is the investigative and enforcement measures provided for by these provisions, rather than the objectives, which are in issue here. It is submitted that there are search and seizure provisions contained in the Criminal Procedure Act and the South African Police Service Act, which are inconsistent with the spirit, purport and object of the Constitution.[1] Constitution of the Republic of South Africa 1996.
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Harms, LTC. "Demystification of the Inquisitorial System." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2595.
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Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ideas, based on ignorance, about those systems. It would be useful to consider the successful convergence of the accusatorial and inquisatorial systems attained in the rules of international criminal courts for local application.
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Kawadza, Herbert. "Reconsidering criminal law-based liability for corporations and directors in South Africa." Journal of Financial Crime 26, no. 4 (2019): 1085–94. http://dx.doi.org/10.1108/jfc-07-2018-0070.
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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.
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Goosen, Samantha, and Nicci Whitear-Nel. "Revising spousal testimonial privilege and marital communications privilege in South African criminal procedure: Is abolition or extension the answer? Part 2." South African Journal of Criminal Justice 33, no. 3 (2020): 598–616. http://dx.doi.org/10.47348/sacj/v33/i3a5.
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Although South Africa has not directly grappled with whether to extend the protection of the marital privileges to cohabitant life partners, Canada has. The ‘marital privileges’ refer to spousal testimonial privilege and marital communications privilege, collectively, in this article. In 2015, the Canadian legislature abolished spousal testimonial privilege. The marital communications privilege has been retained, and the Canadian courts have considered whether to extend it to cohabitant life partners or abolish it. To gain perspective on whether the marital privileges in South Africa should be retained but reformed, the authors discuss the position in Canada, a constitutionally comparable democracy. The authors consider the scope and applicability of the marital privileges before and after the 2015 Canadian amendments,1 which abrogated spousal testimonial privilege. The authors discuss the abrogation of spousal testimonial privilege in Canada and consider its relevance in the South African context. Also considered is why the marital communications privilege has been retained. This research suggests that while the central rationale for retaining the marital communications privilege is to foster marital relationships and protect the right to privacy, the rationale of dignity also plays a key role. The authors also consider the decision of the European Court of Human Rights dealing with marital communications privilege in The Netherlands. Finally, it will be submitted that whichever view one takes, the marital privileges in South Africa should not be retained in their current form.
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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 (2017): 291. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2489.
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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.
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Basdeo, Vinesh. "The Law and Practice of Criminal Asset Forfeiture in South African Criminal Procedure: A Constitutional Dilemma." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 3 (2017): 1069. http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2279.
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The deprivation of the proceeds of crime has been a feature of criminal law for many years. The original rationale for the confiscation of criminal assets at international level was the fight against organised crime, a feature of society described by the European Court of Human Rights as a "scourge" so that the draconian powers which are a feature of confiscation regimes around the world have been approved in circumstances which otherwise might have caused governments considerable difficulties before the international human rights tribunals.[1] The primary objective of this article is to determine if the asset forfeiture measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the "spirit, purport and object" of the South African Constitution.[2] This article attempts to answer three questions. Firstly, why is criminal asset forfeiture important to law enforcement? Secondly, in which circumstances can property be forfeited and what types of property are subject to forfeiture? Thirdly, how is forfeiture accomplished, and what are its constitutional ramifications?
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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.
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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.
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Basdeo, Vinesh. "A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis." African Journal of International and Comparative Law 27, no. 4 (2019): 497–521. http://dx.doi.org/10.3366/ajicl.2019.0288.
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The primary objective of this article is to determine whether the search and seizure measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the ‘spirit, purport and object’ of the Constitution. This article analyses ‘search and seizure’ in the South African criminal justice system as is made possible by Chapter 2 of the Criminal Procedure Act 51 of 1977, which provides for search warrants, the entering of premises, and the seizure, of property connected with offences. It determines whether the required judicial scrutiny provides a real control upon the exercise of search and seizure powers. Search and seizure legal principles extracted from American criminal procedure will also be analysed for comparative purposes.
Dissertations / Theses on the topic "Criminal procedure, South Africa"
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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&.
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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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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 by the community for heavier penalties and for the offenders to serve more realistic terms of imprisonment. There was also a general dissatisfaction about the perceived leniency of sentences imposed by the courts for serious crimes. During 1996 and in the wake of these concerns the Minister of Justice requested the South African Law Reform Commission to investigate all aspects of sentencing in South Africa. A Project Committee chaired by a judge of the High Court was appointed and it operated from the late 1996 to March 1998. Minimum sentences for certain serious crimes were one of the options to be investigated by the Project Committee. Consequent to this the Criminal Law Amendment Act 105 of 1997 was promulgated with effect from 1 May 1998. The legislature intended this Act to defer criminal activity, to avoid disparities in sentencing and to deal harshly with perpetrators of serious offences. The subsequent amendments to the Act included the granting of jurisdiction to the Regional court to pass life imprisonment, an automatic right of appeal against life imprisonment in respect of a juvenile accused and identification of circumstances that do not constitute substantial and compelling circumstances. Judicial discretion and departure from prescribed minimum sentences had initially presented a problem regarding its interpretation in a variety of cases in our courts. Eventually our courts came up with a clear interpretation of the meaning of the phrase substantial and compelling circumstances. This research project will analyze the provisions of the Criminal Law Amendment Act 105 of 1997 with regard to minimum sentences for certain serious offences. In the process case law and other literature will be discussed regarding the interpretation of minimum sentence provisions in the Act. Recommendations for legislation which will cover the aspect of sentencing on a wider scale are made.
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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 for the acts or omissions of its representatives. This liability exists even though the corporate body never acted. International recognition of corporate criminal liability can be based on vicarious liability, identification or aggregation. All these forms of liability are derived from the human actus and mens rea. The identification theory provides for the liability of the corporate body, when someone who is identified with it, acted during the course of his employment when committing the offence. Those acts are treated as the acts of the corporate body. The identification theory is normally applied where mens rea is a requirement of the offence. The Aggregation theory provides for criminal liability of the corporation based on the conduct of a group of members of the company taken collectively. This theory is applied effectively where it is difficult to prove that a single person within the company is responsible for the commission of the offence. In South Africa corporate criminal liability developed from vicarious liability. It is regulated by section 332(1) of the Criminal Procedure Act 51 of 1977. This liability is based on the special relationship between the director or servant and the corporate body. Corporations act through its agents. The agent can be a director, servant or a third person instructed by either of them. In terms of section 332(1) it is possible that the corporate body can be held liable even where the agent acted beyond the scope of his employment. The latter can be argued is an extension of vicarious liability. Vicarious liability, can be argued, is too broad, because the intention of the agent is imputed to the corporate body, without the enquiry of fault by the corporate body. This offends the general principles of substantive criminal law. Generally, liability in criminal law accrues to someone who committed the offence with the required state of mind. The constitutionality of section 332(1) Act 51 of 1977 is questioned. The question is asked whether it is desirable to punish a legal person for the behaviour of its representatives or employees. Criminal law purports to control the behaviour of individuals to be in line with the interest and values of society. There is doubt whether the same goal can be achieved with the prosecution of corporate bodies. Prosecution of corporate bodies results in stigma to the corporation, which results in suffering a loss of reputation. Some authors argue that civil remedies can control the activities of corporate bodies more effectively. This argument, however, fails to address the issue that criminal law concerns the harm inflicted by human beings, hence the need to regulate human conduct. Corporate criminal liability attempts to address the harm inflicted by corporate bodies. It regulates pollution, health, safety and business. This liability is firmly established around the world but requires further development and modern refinement in South Africa.<br>Abstract
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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 disposed by way of bargaining. Plea bargaining breaches with the concept of a conventional trial and consequently clashes with well-known fundamental principles of the criminal procedure. Moreover, bargaining before criminal trials strongly implicates the constitutionally secured rights of the accused as well as of the public interest. Although plea bargaining is broadly criticized for its implications on essential rules and principles, the use of the practice is widespread. There are clear benefits to the participant, such as to avoid a lengthy trial with an uncertain outcome. South Africa, as a legal system with roots in the common law, adopted the procedure in 2001 with the implementation of s 105A into the Criminal Procedure Act. The German legislature in 2009 decided to regulate what until then had been informal practice by inserting several rules into the German criminal procedure, amongst which s 257c contains the main provisions. The implementation of bargains into the German law has produced tensions particularly due to the inquisitorial basis of the criminal procedure that stands in civil law tradition.
This thesis evaluates how South African and German provisions on plea bargaining differ, i.e., on which different backgrounds they are based on, how the bargain procedures are construed and to what extent statutory plea bargaining in both legal systems displaces informal traditional agreements. The comparison is enriching under the aspect that both countries implemented the bargain procedure but had to place them on fundamentally different grounds.
Having presented the grounds that motivated the research (Chapter I.), the origins of plea bargaining in general as well as the legal development toward the present statutory provisions in both countries are examined (Chapter II.). The bargain procedures are compared in detail (Chapter IV.). A large part focuses on particular problem areas and how both legal systems cope with them (Chapter V.). The result of the research is summarized in a conclusion (Chapter VI.).<br>AFRIKAANSE OPSOMMING: Pleitonderhandeling kan beskryf word as die proses van onderhandel en die aangaan van ooreenkomste in die strafproses. Die vervolging en die verdediging sal gewoonlik ooreenkom dat die beskuldigde skuldig sal pleit in ruil vir een of meer toegewings deur die vervolging. Ooreenkomste kan insluit die nie-vervolging of vermindering van klagte, spesifieke aspekte van vonnis, voorwaardes van parool en talle meer. In ‘n hele aantal lande word die oorgrote meerderheid van sake afgehandel by wyse van pleitooreenkomste. Dit is egter duidelik dat pleitooreenkomste in konflik is met die konsep van ‘n gewone verhoor en is gevolglik ook in konflik met van die grondbeginsels van die strafprosesreg. Dit raak ook die grondwetlike regte van beskuldigdes en die belange van die samelewing. Ten spyte van hierdie kritiek en meer, is die praktyk van pleitonderhandeling wydverspreid. Daar blyk besliste voordeel te wees vir die deelnemende partye, byvoorbeeld die vermyding van lang verhore met onsekere beslissings. Suid-Afrika (met ‘n sterk gemeenregtelike tradisie) het die praktyk van pleitonderhandeling formeel en per statuut in 2001 aanvaar, met die aanvaarding en invoeging van artikel 105A in die Strafproseswet, 1977. Die wetgewer in Duitsland het in 2009 besluit om die informele praktyk van pleitonderhandeling te formaliseer met die invoeging van sekere bepalings in die Duitse strafproseskode. Hierdie invoeging het sekere spanning veroorsaak in die Duitse strafproses, veral weens die inkwisitoriese tradisie in daardie jurisdiksie.
Hierdie tesis evalueer die Suid-Afrikaanse en Duitse benaderings tot pleitonderhandelinge, hoe dit verskil, die verskillende regskulturele kontekste waarbinne dit plaasvind, en die mate waartoe pleitonderhandeling in beide sisteme informele ooreenkomste vervang het. Die vergelykende ondersoek bevind dat beide stelsels die pleitooreenkoms ingestel het, maar dit moes doen mvn fundamenteel verskillende gronde.
Hoofstuk I (die motivering vir die studie), word gevolg deur ‘n historiese ondersoek (Hoofstuk II). Die verdere hoofstukke fokus op die regsvergelykende aspekte en die gevolgtrekkings word in Hoofstuk VI uiteengesit.
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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, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.
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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 in society and that extradition is an effective tool to be used to bring to justice a fugitive attempting to evade the law by fleeing to another country. What follows is a discussion, firstly on the theory of extradition and secondly on the effect that human rights has had on the law of extradition. The theory of extradition involves an analysis of extradition from its ancient roots to its position in society today. With regard to extradition in South Africa, reference is made to the various periods of the country’s history. The colonial era before South Africa acquired Republican status in 1961 is referred to in order to establish a basis for the present law of extradition in South Africa. The period during the apartheid era after achieving Republican status in 1961 is discussed in order to show how and why South Africa moved away from its common law roots based on English Law. This era is also of importance as it led to the introduction of the present Extradition Act 67 of 1962. Finally the current position spanning from 1994 to the law as it stands in South Africa today, as influenced by the introduction of Constitutional law, is examined. The rule on non-inquiry is also examined in order to compare the traditional approach by states, where state sovereignty was of paramount importance, with the modern trend of emphasis being placed on fundamental human rights. The methods in terms of which extradition is accomplished, both in South Africa and internationally is also discussed. Such reference to the theory and nature of extradition is done to provide general background on the complex issue to be discussed. The crux of the treatise relates to the impact that the rise in status of fundamental human rights has had on the extradition process. Reference will be made to aspects relating to the protection of the offender’s procedural rights as well as to the protection of the individuals right to life, dignity and bodily integrity. Such examination will refer to the position in South African law as well as the position on the international front. Attention is given to developments in case law as well as to how the courts approach the tension between extradition and human rights both locally and internationally. Finally, in conclusion it is submitted that the extradition process is the most effective procedure available to return an offender to the state seeking his prosecution. The process has however, in modern times adapted to uphold the rights of the offender whose return is requested. This can be seen from the provisions included in recent treaties and conventions, most notably the European Convention on Extradition to which South Africa became a party in 2003. Extradition is clearly concerned with the balancing of the offender’s human rights and the need for effective enforcement of criminal law.
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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 Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.
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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 samples are allowed to be collected, what offences warrant the collection of such samples and the period within which the DNA samples need to be destroyed. Collecting DNA samples and profiles from certain persons could potentially violate particular rights in the Bill of Rights. The rights to privacy, bodily integrity, equality and human dignity are discussed as well as the approach the courts have adopted in dealing with such infringements or possible infringements. This research furthermore deals with the historical developments of DNA evidence and contains a brief discussion on expert evidence. This research also deals with the evidential value of DNA evidence, as well as possible problems faced by prosecutors and defence attorneys when dealing with DNA evidence. The Criminal Law (Forensic Procedures) Amendment Act is still very new, and therefore, there is not yet much case law in South Africa specifically dealing with the sections of the said Act. This research makes submissions and recommendations regarding certain sections of the Act, as well as the overall constitutionality of the Act.
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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, even though at times it may be opposed by the State. In the past the legal position based on the case law was that the presumption of innocence in bail proceedings operated in favour of the applicant even where it was said that there was a strong prima facie case against him or her. This position has slightly changed in that the courts in bail applications are not concerned with guilt, but that of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to bail. The onus of proof in bail applications, other than Schedule 5 and 6 offences is borne by the State. Where Schedule 5 or 6 is applicable the onus is on the applicant. There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted. In Schedule 5 offences the bail applicant must satisfy the court that the interests of justice permit his or her release. In determining whether the interests of justice permit the release of a particular applicant on bail, the courts are guided by the provisions of section 60(4) to (9) inclusive of section (11B)(c) of the Criminal Procedure Act. In such determination the courts must also take into account of section 60(60)(a) to (g) of the Criminal Procedure Act. In Schedule 6 offences there are two requirements namely: the exceptional circumstances and the interests of justice. The term “exceptional circumstances” does not have a closed definition. Both requirements must be established by means of written or oral evidence to the satisfaction of the court before bail may be granted. As pointed out above, the State may still oppose the release on bail of the applicant. It is now accepted in bail applications that ordinary circumstances may in particular context be blended with exceptional or unusual elements. In such cases the court is expected to apply its independent evaluation of evidence in order to determine whether the exceptional circumstances in the interests of justice permit the release on bail. Similarly to the South African bail jurisprudence the Rome Statute of the International Criminal Court recognises a right of the arrested person to apply for the interim release. It also recognises the need to establish exceptional circumstances for such release. The South African bail jurisprudence recognises the right to bail, and places reasonable and procedural limitations founded on the constitutional values and interests of justice. There are still practical challenges that need to be addressed as a results of the stringent requirements in section 60(11)(a) and (b) of the Criminal Procedure Act that relate to Schedule 5 and 6. It is therefore recommended that there is a need for the following: 1. Legislative intervention that will regulate and limit the time spent on investigations where bail has been refused. 2. Legislative intervention that will provide for an automatic review procedures in Schedule 5 or 6 offences where bail is refused on grounds that the interests of justice do not permit the release of the applicant on bail or for failure to prove exceptional circumstances. It is submitted that this may assist in reducing refusals of bail based on mistaken understanding of the law or facts or irregularities that may be prejudicial to the applicant or the administration of justice; or 3. Legislative intervention that will make it mandatory for a court that refuses to grant bail to reconsider its decision after a certain period in future provided that the trial has not been commenced with, in order to determine whether further incarceration is necessary or proportionate to the offence. It is submitted that this may assist the court to enquire into unreasonable delays on investigations or changed circumstances of the applicant in order to enable the court to reconsider its previous decision if necessary. This may further assist in offences where it is foreseeable that the trial court is likely to pass a partly or wholly suspended sentence in case of conviction. For example some cases fall within the scope of Schedule 5 by virtue of a previous conviction on Schedule 1 or release on bail on a Schedule 1 offence. The above recommendations may directly or indirectly contribute in balancing the scales of justice during the bail proceedings and its aftermath. These may contribute to the reduction of high numbers of the in custody awaiting trial prisoners while not compromising the current bail procedures.
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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&.
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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 latest extension of the Criminal Law Amendment Act 105 of 1997 was for a further two years making the minimum sentence provisions valid until 30 April 2005. The Courts did not like these mandatory sentences because of the limitation it places on judicial discretion and dealt with this legislation that limited their judicial discretion restrictively in order to defend their sentencing discretion. Although the Criminal Law Amendment Act of 105 of 1997 was held not to be unconstitutional the Courts stll sought to give it a narrow interpretation. This research paper include an outline of the Criminal Law Amendment Act<br>the Constitutional challenges that were brought against the Criminal Law Amendment Act<br>the judicial interpretation of the Criminal Law Amendment Act as well as the applicability of the Criminal Law Amendment Act to District Courts and juvenile ovenders<br>the procedural requirements that must be complied with in the Criminal Law Amendment Act and its consequences if not complied with. This paper examined how the Courts defined substantial and compelling circumstances, the approaches adopted by the Courts and when deviation from the Criminal Law Amendment Act can take place. It also include the challenges posed by mandatory minimum sentence legislation as well as recommendations for the improved implementation of the Criminal Law Amendment Act.
Books on the topic "Criminal procedure, South Africa"
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Africa, South. Criminal Procedure Act 51 of 1977 & regulations. 4th ed. Juta Law, 2011.
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Commission, South African Law. Simplification of criminal procedure. The Commission, 1994.
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Commission, South African Law. Simplification of criminal procedure: Access to the criminal justice system / South African Law Commission. The Commission, 1997.
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Sloth-Nielsen, Julia. A pyrrhic victory?: Mandatory and minimum sentences in South Africa. Institute for Security Studies, 2005.
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Commission, South African Law. Simplification of criminal procedure: Interim report. The Commission, 1995.
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Commission, South African Law. Simplification of criminal procedure: Out-of-court settlements in criminal cases. South African Law Commission, 2001.
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Commission, South African Law. Sentencing: A compensation scheme for victims of crime in South Africa. The Commission, 2001.
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Steytler, N. C. Constitutional criminal procedure: A commentary on the Constitution of the Republic of South Africa, 1996. Butterworths, 1998.
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Commission, South African Law. Simplification of criminal procedure: A more inquisitorial approach to criminal procedure, police questioning, defence disclosure, the role of judicial officers and judicial management of trials. The Commission, 2001.
Find full textBook chapters on the topic "Criminal procedure, South Africa"
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Kemp, Gerhard. "South Africa." In Homicide in Criminal Law. Routledge, 2018. http://dx.doi.org/10.4324/9781351016315-12.
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Bosilong, Kgomotso Pearl, and Paulin Mbecke. "Race, Crime and Criminal Justice in South Africa." In Race, Crime and Criminal Justice. Palgrave Macmillan UK, 2010. http://dx.doi.org/10.1057/9780230283954_12.
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Clark, Phil. "The International Criminal Court’s Impact on Peacebuilding in Africa." In The State of Peacebuilding in Africa. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-46636-7_14.
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Abstract This chapter examines the International Criminal Court (ICC) and its intersections with two widespread domestic conflict resolution processes in Africa: national amnesties and peace negotiations. In doing so, it connects to two overarching scholarly and policy debates, namely the appropriateness and legality of amnesties as opposed to prosecutions for suspected perpetrators of international crimes, and the “peace versus justice” debate over whether the threat of prosecution imperils peace negotiations that involve high-level atrocity suspects. This chapter focuses on the ICC’s first two—and therefore most developed—situations in northern Uganda and the Democratic Republic of the Congo (DRC), with secondary reference to Rwanda, South Sudan, and other conflict-affected states in Africa. The chapter concludes with some lessons from the ICC’s interventions for recrafting international criminal justice in support of the wider pursuit of peace.
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Hosseini, Seyed Vahid, Ali Izadi, Seyed Hossein Madani, Yong Chen, and Mahmoud Chizari. "Design Procedure of a Hybrid Renewable Power Generation System." In Springer Proceedings in Energy. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63916-7_20.
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AbstractElectrification of small communities in districted off-grid area remains as a challenge for power generation industries. In the current study, various aspects of design of a standalone renewable power plant are examined and implemented in a case study of a rural area in Cape Town, South Africa. Estimating required electricity based on local demand profile, investment, operability, and maintenance costs of different generation technologies are studied in order to investigate their potential in an off-grid clean energy generation system. Several configurations of hybridization of solar system, wind, and micro gas turbine in combination with a battery are investigated. The Levelized Cost of Electricity (LCOE) and number of days with more than 3 h black out are compared.
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Collings, Justin. "Chasing Rainbows: 2005–2020." In Scales of Memory. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858850.003.0007.
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This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive invocations of apartheid in cases of criminal law or criminal procedure, or when the political stakes were low, but more reticence when confronting the government or applying socio-economic rights provisions. But there was a definite sea change as the Court increasingly confronted the clientelism, cronyism, and corruption that had become endemic to uninterrupted single-party rule. In 2016, the Court dramatically invoked the memory of apartheid to underwrite its decision requiring President Jacob Zuma and his abettors to repay the millions spent from the public treasury on a “security upgrade” to the president’s private residence in Nkandla. The chapter concludes by noting the problematic relationship between constitutional justice and collective memory, and describing how the Court, although it recognizes the problem, nonetheless remains committed to adjudicating in the present by the light of the past.
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"CRIMINAL PROCEDURE." In Introduction to South Pacific Law. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140092-106.
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Kemp, Gerhard. "South Africa." In General Defences in Criminal Law. Routledge, 2016. http://dx.doi.org/10.4324/9781315584263-21.
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"CIVIL AND CRIMINAL PROCEDURE." In Introduction to South Pacific Law. Routledge-Cavendish, 1999. http://dx.doi.org/10.4324/9781843140092-100.
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Walt, L. Meintjes-Van der. "South Africa." In Genetic Testing and the Criminal Law. Routledge-Cavendish, 2017. http://dx.doi.org/10.4324/9781843147749-11.
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"South Africa." In The Handbook of Comparative Criminal Law. Stanford University Press, 2020. http://dx.doi.org/10.1515/9780804777292-014.
Full textConference papers on the topic "Criminal procedure, South Africa"
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Jordaan, Jason. "A Sample of digital forensic quality assurance in the South African criminal justice system." In 2012 Information Security for South Africa (ISSA). IEEE, 2012. http://dx.doi.org/10.1109/issa.2012.6320431.
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Alvarez, Juan, Pierre Orsero, Valerie Quiniou-Ramus, et al. "Squall Response Based Design of Floating Units in West Africa." In ASME 2011 30th International Conference on Ocean, Offshore and Arctic Engineering. ASMEDC, 2011. http://dx.doi.org/10.1115/omae2011-49237.
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Squalls are one of the main issues for the design of West Africa floating units mooring systems. At the present time and due to the lack of more relevant information and models, squalls are represented by on site time series of time varying wind speed and relative heading. The first FPSO units were designed on the basis of a reduced Squall database. Nowadays, the number of squall records has been significantly increased and a response based analysis can be carried out. The present paper is focused on the Gulf of Guinea environment. The area has been divided into two zones: North (Nigeria…) and South (Congo, Angola…). This approach enabled us to deal with 90 Squall events for North zone and 115 Squall events for South zone. Two different mooring systems, with quite different natural periods, have been investigated in order to cover the range of already installed spread moored FPSO’s. For every Squall of the database, time domain and modal simulations have been carried out in order to obtain the maximum values of the axial tension in mooring lines and of the offset of a standard spread moored unit. Then a statistical procedure is applied a) to estimate 100-year return period values for these parameters and b) to assess overall trends besides the differences between results from both zones and both mooring systems. A comparative study has also been carried out to relate the 100-year return period extrapolations with the values derived from classical design procedures in order to evaluate the potential design margins for extreme responses. Finally, areas needing further investigation are identified.
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Luwes, Nicolaas, and Leanri Van Heerden. "Student perceptions of a proposed generic e-Learning template aligned with the Engineering Council of South Africa accreditations template." In Fourth International Conference on Higher Education Advances. Universitat Politècnica València, 2018. http://dx.doi.org/10.4995/head18.2018.7958.
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The Engineering Council of South Africa (ECSA) audits engineering programmes every four years to grant accreditation to higher education institutions. During this audit, ECSA requests evidence of the four year instruction in a specific format. The problem is that lecturers each have their own e-learning layouts according to preference. This paper proposed and implemented a genereic e-learning template that is aligned with the ECSA specificaions for ease of archiving necessary evidence for the audit. It is however important to evaluate student feedback on this genereic format so that the main porpose for elearning as a learning tool is not missed by utilising it as a backup method. An exploratory study was employed to gather student perceptions on the new generic e-learning template. Four electrical engineering subjects’ students were used as the sample group and Google Forms was used to collect the data in an online questionnaire. Of the 36 students who responded to the questionnaire, 94% would recommend that all subjects adopt this generic e-learning template and 89% felt that having all their subject menus the same will make it easier to locate items. Due to the results of this study, the generic e-learning template will be adopted by all engineering subjects at the Central University of Technology, Free State with the addition of an introduction that explains the purpose and procedure of ECSA accreditation.
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Kumar, K. N. Pradeep, A. Tourlidakis, and P. Pilidis. "HTGR Closed Cycle GT Plant Analysis: Options and Procedures for Startup With Hot Gas Injection." In ASME Turbo Expo 2002: Power for Land, Sea, and Air. ASMEDC, 2002. http://dx.doi.org/10.1115/gt2002-30146.
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The Starting up and Shutting down of a closed cycle gas turbine power plant needs special attention due to the inter-dependable nature of the components. Achieving self-sustainability in a fast and efficient way within the mechanical constraints is the challenge in the start-up of a closed cycle. The Nuclear reactor as the heat source will add more complexity to the system. The paper looks into the various options available for the start up and shutdown of a closed cycle Helium turbine using a gas cooled reactor as the heat source. A comparative analysis of these options is carried out by simulating various operating scenarios using a Transient Simulation Computer Programme especially prepared for an HTGR Project called PBMR (Pebble Bed Modular Reactor), which is being carried out in South Africa. The simulation was focused on the power conversion side of the plant, which includes all the Turbocompressors, Turbogenerator, Heat exchangers, Valves etc. Based on the analysis and its findings, an outline of a start up and shutdown procedure for a 3-shaft Closed Cycle Turbine Power Plant using hot gas injection is proposed in the paper.
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Miglietti, Warren M., and Ros C. Pennefather. "The Microstructure, Mechanical Properties and Coatability of Diffusion Brazed CMSX-4 Single Crystal." In ASME 1996 International Gas Turbine and Aeroengine Congress and Exhibition. American Society of Mechanical Engineers, 1996. http://dx.doi.org/10.1115/96-gt-467.
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Diffusion brazing is a joining process utilized both in the manufacture and repair of turbine blades and vanes. CMSX-4 is an investment cast, single crystal, Ni-based superalloy used for turbine blading and vanes, and has enhanced mechanical properties at elevated temperatures when compared to equiaxed, directionally solidified and first generation single crystal superalloys. The objective of this work was to develop a diffusion brazing procedure to achieve reliable joints in the manufacture of a hollow turbine blade (for a prototype engine in South Africa), and to verify the coatability of the diffusion brazed joints. Two commercially available brazing filler metals of composition Ni-15Cr-3.5B and Ni-7Cr-3Fe-4.5Si-3.2B-0.06C and a proprietary (wide gap) braze were utilized. With the aim of eliminating brittle centre-line boride phases, the effects of temperature and time on the joint microstructure were studied. Once the metallurgy of the joint was understood, tensile and stress rupture tests were undertaken, the latter being one of the severest tests to evaluate joint strength. The results demonstrated that the diffusion brazed joints could satisfy the specified stress rupture criterion of a minimum of 40 hrs life at 925 °C and 200 MPa. After mechanical property evaluations, an investigation into the effects of a low temperature high activity (LTHA) pack aluminide coating and a high temperature low activity (HTLA) pack aluminide coating on the braze joints was undertaken. The results showed that diffusion brazed joints could be readily coated.
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Nwaigwe, Kevin N., Abhishek Agarwal, and Emmanuel E. Anyanwu. "Biogas Potentials Evaluation of Household Wastes in Johannesburg Metropolitan Area Using the Automatic Methane Potential Test System (AMPTS) II." In ASME 2018 12th International Conference on Energy Sustainability collocated with the ASME 2018 Power Conference and the ASME 2018 Nuclear Forum. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/es2018-7553.
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A work on biogas potentials evaluation of household wastes in Johannesburg metropolitan area using the Automatic Methane Potential Test System (AMPTS) II is presented. The AMPTS II consists of three units — the sample incubation unit, CO2 absorption unit and the gas volume measuring device. Organic fraction of wastes collected from households within Johannesburg metropolis were sorted, ground and prepared into slurry by mixing with water. Microcrystalline cellulose powder with 3.5% loss on drying and 0.28g/cc density was used as control substrate while anaerobic sludge collected from a functional biogas reactor was used as inoculum. Anaerobic sludge was classified as sample A, household waste containing mainly non-food waste was labelled sample B, sample C was microcrystalline cellulose used as positive control while household waste composing of mainly food waste was classified as sample D. Each sample was fed into a 50 mL bottle reactor in triplicates and stirred in a clockwise direction continuously for 5 minutes with a pulse interval of 1 minute at a set temperature of 37°C for 30 days retention time. NaOH solution was prepared into solution following standard procedure and mixed with a prepared 0.4 % Thymolpthalein solution. The resultant solution was poured into the 100 mL bottles of the CO2 unit. Produced biogas was measured through water displacement in the volumetric bath and values read off through a data-logger connected to a laptop. Results indicated biochemical methane potential (BMP) of 69–800 NmL/gvs and biogas composition with more than 50% methane before CO2 fixing and over 80% after CO2 fixing. Given that the average amount of waste generated per person per day in South Africa is over 0.7 kg, there is huge potentials for biogas production from household wastes in Johannesburg.
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Storhaug, Gaute, Erlend Moe, and Gabriel Holtsmark. "Measurements of Wave Induced Hull Girder Vibrations of an Ore Carrier in Different Trades." In 25th International Conference on Offshore Mechanics and Arctic Engineering. ASMEDC, 2006. http://dx.doi.org/10.1115/omae2006-92284.
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Currently, the conventional wave loading is the only effect considered in fatigue assessment of ships. DNV has recently confirmed that fatigue damage from wave induced vibrations may be of similar magnitude as from the conventional wave loading (Moe et al. 2005). A 40% contribution to the total fatigue damage in deck amidships is documented through extensive measurements onboard an ore carrier (the reference ship) trading in the North Atlantic. The effect of strengthening the vessel, increasing the natural frequency by 10%, is ineffective to reduce the relative magnitude of the vibration damage. The wave induced vibration, often referred to as whipping and/or springing, does contribute to fatigue damage also for other ship types and trades (Moe et al. 2005). This paper considers the effect of trade. It indicates when the wave induced vibrations should be accounted for in the design phase with respect to fatigue damage. A second ore carrier (the target ship) is monitored with respect to the wave induced hull vibrations and their fatigue effect. Stress records from strain sensors located in the midship deck region are supplemented by wave radar and wind records. Based on the measurements, the vibration stress response and associated vibration induced fatigue damage are determined for varying wind- and wave forces and relative headings. While the reference ship operates in the Canada to Europe ore trade, the target ship trades between Canada and Europe, Brazil and Europe, and South Africa and Europe. A procedure is suggested by Moe et al. (2005) to estimate the long term fatigue damage for different trades by utilizing the measured data from the reference ship. The vibration and wave damage are considered separately. By comparing the measured wave environment and the DNV North Atlantic scatter diagram, the effect of routing indicated a reduction of the fatigue damage by one third. A slightly revised procedure is applied to estimate the effect of trade for the second ore carrier, comparing the long term predicted fatigue damage with the measured fatigue damage. The importance of trade is confirmed. However, the relative contribution of the vibration damage is shown to increase in less harsh environments. The target ship vibrates more than the reference ship for the same trade and Beaufort strength. The vibration damage of the target ship constitutes 56% of the total measured damage, and the high natural frequency is observed to have no significant effect.
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Greyvenstein, Gideon P. "The Application of Systems CFD to the Design and Optimization of High-Temperature Gas-Cooled Nuclear Power Plants." In ASME 2006 Power Conference. ASMEDC, 2006. http://dx.doi.org/10.1115/power2006-88194.
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The basic approach with the design of power plants is to first carry out a thermodynamic cycle analysis and then to vary certain cycle parameters such as the overall pressure ratio in order to determine the optimum or design point condition. One would then proceed to design the different components to match the process conditions. However, since component design has an impact on overall system performance, one cannot optimize the design of the components in isolation from the rest of the system. This calls for an iterative procedure where one has to move several times between the process and component levels to obtain an optimized integrated solution. Another problem faced by plant designers is that Computational Fluid Dynamics (CFD) codes that are increasingly used for detailed component design are slow and not well suited for optimization studies. They are not suited at all for the analysis of complete power plants. Furthermore, the main task of plant designers is not to do design point analyses but to analyze off-design performance, to do uncertainty analyses, to optimize the design and to characterize the dynamic behavior of the system for the purpose of controller design. An approach that has been used with great success for the design of the power conversion system of the Pebble Bed Modular Reactor (PBMR) is the systems CFD approach. The PBMR is a new High Temperature Gas-cooled Reactor (HTR) that is being developed in South Africa. The PBMR utilizes a direct closed recuperated Brayton cycle. Other cycles are also being investigated including various combined cycles. Systems CFD codes are based on the network approach and allow one to model the performance of large complex systems in an integrated fashion. Different levels of component models are provided for ranging from lumped models for components such as pumps to 1D, 2D or even 3D CFD models for components such as complex diffusers, heat exchangers and the pebble bed reactor. In this paper the systems CFD approach will be discussed including the most important component models. Various examples of the application of the systems CFD approach in the design of the PBMR plant will be given.