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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 ...
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)
Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ...
Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)
Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...
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 ...
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)
The prevalence of sexual offences against children in South Africa continues to be among the highest in the
world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and
whether ...
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007)
INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ...
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 ...
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.
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013)
Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ...
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
(University of the Western Cape, 2004)
This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ...