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Now showing items 61-70 of 177
Victim or villain: exploring the possible bases of a defence in the Ongwen case at the International Criminal Court
(Brill Academic Publishers, 2017)
The reality of child soldiers who join rebel forces once they reach adulthood pres¬ents complex legal questions in the face of contemporary international criminal law principles which, on the one hand, afford protection ...
An evaluation of Kenya’s parallel legal regime on refugees, and the courts’ guarantee of their rights
(University of the Western Cape, 2017)
This article evaluates the existence of a parallel refugee regime in Kenya. The Executive decides on policies and oversees the enactment of laws to regulate the inflow of refugees under the encampment policy. The Judiciary ...
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 ...
Nowhere to hide- big brother is watching you: non-communicative personal cellphone information and the right to privacy.
(Nelson R Mandela School of Law, 2010)
By utilising the latest cellphone technology, non-communicative personal information, such as, the number that is dialled, the time the call is made, the movement and location of both the caller and the recipient of a call, ...
A comparative analysis of protective measures for vulnerable and intimidated victim-witnesses in South African and English law.
(Criminological and Victimological Society of Southern Africa (CRIMSA), 2010)
This article evaluates protective measures for vulnerable witnesses in light of both the Victims' Charter and measures in English law, giving effect to the right to protection in the Framework Decision on the Standing of ...
The disclosure of the identities of anonymous minors upon the age of majority: clean slate or dismal fate?
(LitNet Akademies, 2016)
The identity of minors (juveniles under the age of 18 years) is protected during court proceedings. However, when they turn 18, their identities are no longer withheld by the courts and the media. This article examines two ...
The South African Legal Practice Act: the requirement for University law clinics to have trust accounts: oversight or deliberate barrier?
(Faculty of Law University of the Western Cape, 2016)
The Legal Practice Act (LPA) appears to have far-reaching implications for legal practitioners at university law clinics. This article will, however, focus only on the compulsory requirement that attorneys at university ...
The legal status of evidence obtained through human rights violations in Uganda
(Academy of Science of South Africa, 2016)
The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only ...
Admission of confessions in Uganda: Unpacking the theoretical, substantive and procedural considerations of the Supreme Court
(Makerere University, 2017)
The Uganda legal regime relies on the discretion of the courts in dealing with improperly obtained evidence. While various theories explain the need to exclude evidence, understanding their rationales sheds light on ...
The rights and freedoms of Moroccan women: has the 2004 reforms benefited Moroccan women?
(Academy of Science of South Africa, 2016)
Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred ...