Now showing items 1-6 of 6
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)
The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ...
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 ...
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)
The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ...
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)
The Constitution of the Republic of Kenya 2010 (Constitution) provides that general rules of international law such as customary international law form part of the laws of Kenya.1 Articles 2(5) and (6) provides that “[t]he ...
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)
Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ...
The admissibility of evidence obtained through human rights violations in Mauritius
(Juta Law Publishing, 2018)
The Constitution of Mauritius, unlike those of South Africa, Zimbabwe and Kenya, does not guide courts on the issue of the admissibility of evidence obtained through human rights. Jurisprudence from Mauritius shows courts ...