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Research report on remand detention in South Africa: an overview of the current law and proposals for reform
(Civil Society Prison Reform Initiative, 2011)
The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international ...
Sexual violence in prisons – Part 2: The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) – its implications for male rape in prisons and the Department of Correctional Services
(South African Journal of Criminal Justice, 2011)
The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007), referred to here as the Sexual Offences Act (SOA), established in law a gender-neutral definition of rape and this has important implications ...
The relevance of the International Covenant on Economic, Social and Cultural Rights for older persons in South Africa
(ESR Review : Economic and Social Rights in South Africa, 2011)
The Universal Declaration of Human Rights of 1948 (UDHR) recognises that '[a]ll human beings are born free and equal in dignity and rights' (article 1). This equality in dignity and rights applies irrespective of age. The ...
Riot damage - who pays?
(Local Government Bulletin, 2011-11)
Protest actions has become part of South Africa's political landscape. The extent to which it is increasingly marked by violence is cause of alarm. Assemblies, pickets, marches and demonstrations are essential features of ...
'Meaningful engagement' in the realisation of socio-economic rights : the South African experience
(Southern African Public Law, 2011)
One of the key concerns, evidenced from South Africa's socio-economic rights jurisprudence, that has impacted negatively on the realisation of socio-economic rights in the country, especially at grass roots level, has been ...
Grootboom: A paradigm of individual remedies versus reasonable programmes
(Southern African Public Law, 2011)
The decision of the Constitutional Court (the Court) in the case of Government of the Republic of South Africa versus Grootboom was received as ground breaking by human rights practitioners, scholars and advocates the world ...
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 ...
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)
International law approaches the right to education
for children with disabilities in a rather generic way. This means that the
rights of children with intellectual disabilities have to be gleaned from the
general ...
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 ...