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Sentencing primary caregivers of young children
(Juta Law, 2011)
Traditionally a judicial officer was not required to consider the effects
of the imposed sentence on the children of the offender, even if the
offender was a primary caregiver of young children. The Court in S v M
(Centre ...
Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children
(Juta Law, 2011)
Punishment has mostly focused on achieving its objectives without considering
the impact a sentence will have on the rights of the offender
and those under the offender's care. Drawing on the jurisprudence of the
Constitutional ...
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 ...
Local government and human rights: Building institutional links for the effective protection and realisation of human rights in Africa
(Pretoria University Law Press (PULP), 2011)
There is increasing recognition of the role of local government in the protection and realisation of human rights obligations. Recent studies on links between local government, decentralisation and human rights are evidence ...
"Just say sorry" Ubuntu and the Child Justice Act
(PER (Potchefstroom Electronic Law Journal), 2011)
In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...
Chewing more than one can swallow: the creation of new districts in Uganda
(University of the Western Cape, 2011)
This article analyses the process of creating districts. It briefly discusses the local government system in Uganda and introduces the phenomenon of the increase in the number of districts. It continues with an analysis ...
Local government in Ethiopia: still an apparatus of control?
(University of the Western Cape, 2011)
Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ...
Mythology and the images of justice
(University of California Press, 2011)
This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ...
Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008
(North-West University, 2011)
In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...
Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
(Centre for Family Law and Practice, London Metropolitan University, 2011)
In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his ...