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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 ...
Electing councillors: A guide to municipal elections
(University of the Western Cape, 2016)
The electoral system for local government combines ward elections with proportional representation. It is regulated in at least four different statutes, the Electoral Act 73 of 1998, the Local Government: Municipal Structures ...
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 ...
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 ...
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)
The prevalence of sexual offences against children in South Africa continues to be among the highest in the
world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and
whether ...
Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled
(Juta Law, 2011)
INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment ...
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013)
This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration.
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
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)
Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ...
Engaging meaningfully with government on socio-economic rights : A focus on the right to housing
(Community Law Centre, University of the Western Cape, 2010)
To make sure that service delivery is effective and has a positive impact on people’s quality of life, it is important to have meaningful engagement between communities and the government. South Africa’s Constitution makes ...