Browsing Research Articles (Faculty of Law) by Title
Now showing items 281-300 of 426
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Prisoners' right to vote in Uganda: Comment on Kalali Steven v Attorney General and the Electoral Commission
(EISA, 2020)Article 59 of the Constitution of Uganda (1995) provides for the right to vote. Although the Constitution does not prohibit prisoners from voting, the Uganda Electoral Commission has never made arrangements for prisoners to ... -
Private prosecution in Nigeria under the Administration of Criminal Justice Act, 2015
(Cambridge University Press, 2019)Private prosecutions have been part of the Nigerian legal system for a long time. In 2015, the Administration of Criminal Justice Act (ACJA) came into force. The ACJA provides for, inter alia, circumstances in which a ... -
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 ... -
Private prosecutions in Zanzibar
(Makerere University, 2017)In this article, the author deals with the question of private prosecutions in Zanzibar. The following issues are discussed: locus standi to institute a private prosecution; appeals in cases of private prosecution; the ... -
Private prosecutions in Zimbabwe Victim participation in the criminal justice system
(Creative Commons, 2016)Two recent developments have changed the face of private prosecutions in Zimbabwe. Firstly, the prosecutor general had to decide: (1) whether private companies may institute private prosecutions; and (2) whether the ... -
Private prosecutions in Zimbabwe: Victim participation in the criminal justice system
(Institute for Security Studies (ISS), 2016)Two recent developments have changed the face of private prosecutions in Zimbabwe. Firstly, the prosecutorgeneral had to decide: (1) whether private companies may institute private prosecutions; and (2) whether ... -
Private regulation in the context of international sales contracts
(University of the Western Cape., 2021)This article argues that modern international sales law has a hybrid character as it increasingly makes provision for interfaces between public and private, State and non-State, hard and soft , law. Although private forms ... -
Probing the context of vulnerability: Zimbabwean migrant women’s experiences of accessing public health care in South Africa
(African Human Mobility Review (AHMR), 2021)South Africa has a professed inclusive health policy that articulates that everyone is entitled to have access to healthcare services, regardless of nationality and citizenship. However, several challenges exist for ... -
The problem of private-to-private corruption
(University of the Western Cape, 2017)Corruption has huge detrimental effects, and private-to-private corruption contributes hugely to this detriment. Its consequences match those of public corruption, particularly in the contemporary world, when private ... -
Promoting minority rights in the context of economic, social and cultural rights in South Africa
(UNISA Press, 2002)Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ... -
Property rates as an instrument for development: an analysis of South African policy, law and practice
(Commonwealth Secretariat, London, 2013)When local governments impose property taxes, their primary objective is to fund their expenditure. However, the role of local government can be seen as far more than simply the provision of local public services. Local ... -
Prosecuting and Punishing Persons for Sending Messages of Obscene, Offensive, Threatening or Menacing Character under the Mauritian Information and Communication Technologies Act
(Speculum Juris, 2020)Jurisprudence from Mauritian courts shows that people have been convicted of offences under the Information and Communication Technologies Act. These offences have been mostly committed using mobile phones. The most common ... -
The prosecution in South Africa of international offences committed abroad: The need to harmonise jurisdictional requirements and clarify some issues
(Juta Law, 2015)There are two broad exceptions to the general rule that South African courts do not have jurisdiction over offences committed outside South Africa. The first set of exceptions developed by South African courts deals with ... -
The prosecution of incitement to genocide in South Africa
(North-West University, 2013)The phenomenon of collective violence is complex and, as yet, not wholly understood. This notwithstanding, the incidence of collective violence is not entirely unpredictable. This is especially true of one particularly ... -
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo
(Juta Law, 2008)When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, 2017)The general rule in South Africa is that, when an offence is committed, the suspect has to be prosecuted by a public prosecutor. However, there is an exception whereby a victim of crime is permitted to institute a private ... -
Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
(Cambridge University Press, In press)In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority ... -
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
(University of the Western Cape, 2012)This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety. -
Protection against unfair discrimination in the workplace: are the courts getting it right?
(Juta, 2007)Introduction: No area of South African law is more critical than the prohibition of unfair discrimination, especially in the workplace. Under apartheid, discrimination against workers on grounds such as race and sex was ... -
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 ...