Browsing Faculty of Law by Title
Now showing items 594-613 of 904
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The power of prosecutorial heads to intervene in private prosecutions in commonwealth countries
(Loyola College of Social Sciences, 2022)In most countries public prosecutors are responsible for prosecuting offences. In Commonwealth countries, public prosecutors are headed by Directors of Public Prosecution (DPP), Prosecutors General (PG) or Attorneys-General ... -
Powers of Local Government
(UNISA Press, 2002)The Constitution recognises and makes provision for three levels of government that derive their powers from the Constitution. The constitutional status of a municipality, as part of the third sphere of government, is thus ... -
The powers of local government in decentralized systems of government: Managing the 'curse of common competencies'
(Institute of Foreign and Comparative Law, 2005)The issues and problems flowing from common competencies are shared by many, if not all, decentralised and federal systems; they are a feature arising from the division of powers between two levels of government. The ... -
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013)The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures ... -
The prevalence of HIV in South Africa's prison system: some, but not all the facts, at last
(Civil Society Prison Reform Initiative, 2008-05-26)The lack of reliable research data and more specifically, data on intervention impact evaluations, present a particular challenge in respect of evidence-based law and policy reform. In resource-constrained environments it ... -
Preventing and combating torture in South Africa: a framework for action under CAT and OPCAT
(Centre for the Study of Violence and Reconciliation & Civil Society Prison Reform Initiative, 2008)This booklet aims to provide more information to decision-makers and stakeholders on the challenges relating to preventing and combating torture; and also outlines South Africa’s obligations under CAT and OPCAT. These two ... -
Prisoner re-entry in Cape Town - an exploratory study
(Civil Society Prison Reform Initiative, 2008)This study is concerned with the immediate post-release period and asked a very simple question: “What happens to people immediately after they have been released from prison?” The question is aimed at gaining a deeper and ... -
Prisoner transfer to South Africa: Some of the likely challenges ahead
(North-West University, 2013)For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an ... -
Prisoners' access to anti-retroviral treatment
(Civil Society Prison Reform Initiative, 2006)Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), ... -
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 ... -
Prisoners' rights litigation in South Africa since 1994: a critical evaluation
(Law, Democracy & Development, 2005)It is a sad fact that there is often a huge gap in South Africa between the constitutional promise of a life lived with dignity and respect, on the one hand, and the actual lived reality of people who are supposed to be ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). The rate of HIV ... -
Prisoners’ right of access to antiretroviral treatment
(ESR Review : Economic and Social Rights in South Africa, 2006)Prisoners are susceptible to a number of illness and diseases due, in part, to poor living conditions in prisons (e.g. overcrowding and poor nutrition), substance abuse and sexual violence (e.g. male rape). From a health ... -
Prisons in South Africa's constitutional democracy
(Centre for the Study of Violence and Reconciliation, 2007-10)In this article it will be argued that to make prisons compatible with a constitutional democracy, as understood in South Africa, four requirements need to be met. First, the prison system must have an underlying philosophical ... -
Prisons, the law and overcrowding
(Wits University Press, 2014)This chapter is about a long-standing problem in the South African criminal justice sector that, despite an overhaul of the prison legislation after the enactment of the final Constitution, continues, twenty years on, 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 ...