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Legislative and judicial responses to informal settlements in South Africa : a silver bullet?
(Stellenbosch Law Review, 2012)
The growth of informal settlements or slums has been an issue of concern for many, with international initiatives increasingly focusing on informal settlements, particularly the need to improve the living conditions in ...
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)
This essay explores the relationship between postmodernism and RJ.
Postmodernism quickly outgrew its non-legal origins and has extended its
reach to incorporate matters legal. Already, it has established a significant
presence ...
Southern African perspectives on banning corporal punishment – a comparison of Namibia, Botswana, South Africa and Zimbabwe
(Brill Nijhoff, 2019)
This chapter reviews recent judicial and legislative developments concerning
steps towards – and against – the abolition of corporal punishment in four
closely connected southern African jurisdictions: South Africa, ...
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 ...
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 ...
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 ...
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)
Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch
Can Covid-19 be classified as Force Majeure in South Africa?
(Without Prejudice, 2020)
The 23rd of March will forever be etched in the minds of South Africans. The President of the Republic of South Africa, Cyril Ramaphosa, declared a 21-day national lockdown effective from midnight on Thursday, 26 March ...