Now showing items 31-40 of 54
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 ...
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 ...
Seen and heard: new frontiers in child participation in family law proceedings in South Africa
(Nelson R Mandela School of Law, University of Fort Hare, 2009)
This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African ...
Lessons from the past: Remand detention and pre-trial services
(Institute for Security Studies (ISS), 2013)
A 1997 project established by the Vera Institute of Justice, a New York-based non-government organisation, aimed to alleviate overcrowding in South African prisons by assisting magistrates in bail proceedings and thereby ...
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 ...
Testamentary rescue: an analysis of the intention requirement in Australia and South Africa
(LexisNexis Australia, 2014)
This article provides a legal-comparative perspective on the rescue of formally irregular wills through the exercise of judicial dispensing powers in Australia and the comparable exercise of a judicial condonation power ...
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.
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 ...