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The numbering of days: Sentencing and prison population growth
(Institute for Security Studies (ISS), 2007)
On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the 'minimum sentences' legislation. The proposed amendments herald another chapter in ...
Well worth the wait? The Sexual Offences Bill in 2006
(Institute for Security Studies (ISS), 2006)
The Sexual Offences Bill finally seems to be winding its way to conclusion in parliament. It has taken three years to reach this point since its first introduction in 2003, raising serious questions about the government's ...
Developmental local government in South Africa: institutional fault lines
(UTS Centre for Local Government, 2009)
This paper provides a brief introduction to the recent history of, as well as the
legal and policy framework for, local government in South Africa. It discusses the
transformation of local government from a racially ...
Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)
The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was
recently extended for another two years. At the time, the aim was to reduce serious and violent crime,
achieve consistency ...
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 ...
A tale of two federations: Comparing language rights in South Africa and Ethiopia
(Pretoria University Law Press (PULP), 2009)
The success of a federal arrangement in accommodating ethnic diversity
cannot be measured solely on the basis of its language rights regime.
However, it is generally agreed that a well-designed language rights regime
goes ...
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)
Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ...
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)
INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ...
Seen and heard: new frontiers in child participation in family law proceedings in South Africa
(Nelson R Mandela School of Law, University of Fort Hare, 2009)
This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African ...
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
(University of the Western Cape, 2004)
This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ...