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Now showing items 31-40 of 45
An Assessment of the National Prosecuting Authority: A Controversial Past and Recommendations for the Future
(Dullah Omar Institute, 2017)
The Constitution of South Africa provides for a single, independent national prosecution authority. The office of the National Prosecuting Authority (NPA) was formally established through the National Prosecuting Authority ...
Community safety, offender re-entry and local government
(Community Law Centre, University of the Western Cape, 2012)
This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ...
Constructing pre-trial detention indicators for African contexts: Problems and proposals
(Dullah Omar Institute, 2015)
This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact ...
The African Commission’s Guidelines on Pre-trial Detention: Implications for Angola and Mozambique
(Community Law Centre, University of the Western Cape, 2014)
On 8 May 2014, in Luanda (Angola), the African Commission on Human and Peoples’ Rights (ACHPR) adopted the Guidelines on the Use and Conditions of Arrest, Police Custody and Pre-trial Detention in Africa (hereafter the ...
Indefinite imprisonment in South Africa: The difference between life and indefinite imprisonment
(Dullah Omar Institute, 2018)
In May 2018, Pieter Van Tonder was sentenced to indefinite imprisonment in the Cape High Court. Van Tonder brutally assaulted and murdered the 16-month old baby of his ex-girlfriend. This case happened shortly after the ...
The Child Justice Act: a detailed consideration of section 68 as a point of departure with respect to the sentencing of young offenders
(Potchefstroom Electronic Law Journal, 2012)
The Child Justice Act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult accused in South Africa. The Act aims to keep children ...
Making sense of the numbers: Civil claims against the SAPS
(South African Crime Quarterly, 2015)
In recent years reports have increasingly pointed to the mounting quantum of claims for civil damages faced by the South African Police Service (SAPS). A close analysis of the publicly available data shows that increasingly ...
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 ...
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 ...