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Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional ...
The right to a fair trial and being hearing impaired
(Dullah Omar Institute, 2018)
The Cape High Court recently (27 August 2018) overturned on appeal the conviction and sentence of a 62-year old man convicted in the Wynberg Regional Court of murder because the trial court failed to protect his right to ...
Understanding impunity in the South African law enforcement agencies
(Dullah Omar Institute, 2013)
This paper analyses the underlying structural and functional reasons for de facto impunity in South African law enforcement with specific reference to the South African Police Service (SAPS) and the Department of Correctional ...
National Colloquium on Access to Food for Students in South African Tertiary Institutions: Challenges of Hunger among Students in Higher Education in South Africa (13–14 August 2018)
(ESR Review : Economic and Social Rights in South Africa, 2018)
Student hunger on university campuses has gained prominence ever since the #FeesMustFall movement spread across South Africa’s tertiary
institutions in 2015. Although there are no definite statistics on the extent of the ...
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)
Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ...
Implementation of Housing Rights in South Africa: Approaches and strategies
(Journal of Law and Social Policy, 2015)
Ensuring access to adequate housing, especially for the poor and disadvantaged in society, including those faced with evictions and displacement, continues to be a global challenge. The situation remains critical in South ...
Sexual violence in prisons – Part 1: The duty to provide safe custody and the nature of prison sex
(South African Journal of Criminal Justice, 2011)
While the exact extent of sexual victimisation in prisons amongst men is uncertain, it is accepted that this is a universal phenomenon. This article, in two parts, examines sexual violence in South African prisons and ...
Using international human rights law to promote constitutional rights: The (potential) role of the South African parliament
(Law, Democracy & Development, 2011)
Parliaments are guardians of human rights due to their role of representing the people in the management of public affairs. The activities of parliaments cover the entire spectrum of human rights and have an immediate ...
When a relationship has reached its expiration date, does the same apply to the embryos under South African Law? - research
(Nelson Mandela Metropolitan University, 2017)
Individuals are more frequently having recourse to assisted reproductive technologies (ART) to realize their desire for offspring. Where they do so, they may choose to fertilize their gametes and implant the resultant ...
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 ...