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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 ...
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 ...
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)
Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)
For many years courts in Mauritius have considered a conviction that was
at least 10 years old to be spent for the purpose of sentencing. However, in
2002 the Mauritian Supreme Court held that there was no concept of ...
Diversion in the South African criminal justice system: emerging jurisprudence
(Juta Law, 2015)
On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ...
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)
There is a close relationship between democracy and corruption. Corruption
has a negative effect on the functioning of political and democratic
institutions. It affects the delivery of services such as education ...