Browsing Research Articles (Faculty of Law) by Title
Now showing items 278-297 of 426
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The power of prosecutorial heads to intervene in private prosecutions in commonwealth countries
(Loyola College of Social Sciences, 2022)In most countries public prosecutors are responsible for prosecuting offences. In Commonwealth countries, public prosecutors are headed by Directors of Public Prosecution (DPP), Prosecutors General (PG) or Attorneys-General ... -
Powers of Local Government
(UNISA Press, 2002)The Constitution recognises and makes provision for three levels of government that derive their powers from the Constitution. The constitutional status of a municipality, as part of the third sphere of government, is thus ... -
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ... -
Prisoners' right to vote in Uganda: Comment on Kalali Steven v Attorney General and the Electoral Commission
(EISA, 2020)Article 59 of the Constitution of Uganda (1995) provides for the right to vote. Although the Constitution does not prohibit prisoners from voting, the Uganda Electoral Commission has never made arrangements for prisoners to ... -
Private prosecution in Nigeria under the Administration of Criminal Justice Act, 2015
(Cambridge University Press, 2019)Private prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a ... -
Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
(Pretoria University Law Press (PULP), 2015)Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute ... -
Private prosecutions in Zanzibar
(Makerere University, 2017)In this article, the author deals with the question of private prosecutions in Zanzibar. The following issues are discussed: locus standi to institute a private prosecution; appeals in cases of private prosecution; the ... -
Private prosecutions in Zimbabwe Victim participation in the criminal justice system
(Creative Commons, 2016)Two recent developments have changed the face of private prosecutions in Zimbabwe. Firstly, the prosecutor general had to decide: (1) whether private companies may institute private prosecutions; and (2) whether the ... -
Private prosecutions in Zimbabwe: Victim participation in the criminal justice system
(Institute for Security Studies (ISS), 2016)Two recent developments have changed the face of private prosecutions in Zimbabwe. Firstly, the prosecutorgeneral had to decide: (1) whether private companies may institute private prosecutions; and (2) whether ... -
Private regulation in the context of international sales contracts
(University of the Western Cape., 2021)This article argues that modern international sales law has a hybrid character as it increasingly makes provision for interfaces between public and private, State and non-State, hard and soft , law. Although private forms ... -
Probing the context of vulnerability: Zimbabwean migrant women’s experiences of accessing public health care in South Africa
(African Human Mobility Review (AHMR), 2021)South Africa has a professed inclusive health policy that articulates that everyone is entitled to have access to healthcare services, regardless of nationality and citizenship. However, several challenges exist for ... -
The problem of private-to-private corruption
(University of the Western Cape, 2017)Corruption has huge detrimental effects, and private-to-private corruption contributes hugely to this detriment. Its consequences match those of public corruption, particularly in the contemporary world, when private ... -
Promoting minority rights in the context of economic, social and cultural rights in South Africa
(UNISA Press, 2002)Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ... -
Property rates as an instrument for development: an analysis of South African policy, law and practice
(Commonwealth Secretariat, London, 2013)When local governments impose property taxes, their primary objective is to fund their expenditure. However, the role of local government can be seen as far more than simply the provision of local public services. Local ... -
Prosecuting and Punishing Persons for Sending Messages of Obscene, Offensive, Threatening or Menacing Character under the Mauritian Information and Communication Technologies Act
(Speculum Juris, 2020)Jurisprudence from Mauritian courts shows that people have been convicted of offences under the Information and Communication Technologies Act. These offences have been mostly committed using mobile phones. The most common ... -
The prosecution in South Africa of international offences committed abroad: The need to harmonise jurisdictional requirements and clarify some issues
(Juta Law, 2015)There are two broad exceptions to the general rule that South African courts do not have jurisdiction over offences committed outside South Africa. The first set of exceptions developed by South African courts deals with ... -
The prosecution of incitement to genocide in South Africa
(North-West University, 2013)The phenomenon of collective violence is complex and, as yet, not wholly understood. This notwithstanding, the incidence of collective violence is not entirely unpredictable. This is especially true of one particularly ... -
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)The general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, In press)In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority ...