Browsing Researchers in Law by Title
Now showing items 26-45 of 47
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Pashukanis on crime and punishment
(University of Pretoria, 2013)Evgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law 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 ... -
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 ... -
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 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 ... -
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 ... -
Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)This essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence ... -
Roman-Dutch law in modern South African succession law
(Ars Aequi, 2014)Modern South African succession law adheres to many of the tenets of Roman-Dutch succession law, and present-day South African courts frequently invoke Roman-Dutch authority to address questions regarding contemporary ... -
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ... -
Sentencing primary caregivers of young children
(Juta Law, 2011)Traditionally a judicial officer was not required to consider the effects of the imposed sentence on the children of the offender, even if the offender was a primary caregiver of young children. The Court in S v M (Centre ... -
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)For many years courts in Mauritius have considered a conviction that was at least 10 years old to be spent for the purpose of sentencing. However, in 2002 the Mauritian Supreme Court held that there was no concept of ... -
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)There is a close relationship between democracy and corruption. Corruption has a negative effect on the functioning of political and democratic institutions. It affects the delivery of services such as education ... -
The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations
(De Gruyter Open, 2013)In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the ... -
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 ... -
‘Transferring sentenced persons (offenders) to the United Kingdom: highlighting some of the human rights issues courts have had to deal with'
(Centre for International and Public Law, Brunel University London, 2014)As at 30 September 2013 13 per cent of the prison population in England and Wales were foreign national offenders. Convicted UK nationals are also serving prison sentences in foreign jurisdictions. The UK government has ... -
Trust deeds as ‘constitutive charters’ and the variation of trust provisions: a South African perspective
(Oxford University Press, 2013)In this article, I assess the constitutive status accorded to trust deeds in Potgieter v Potgieter and Pascoal v Wurdeman, two recent South African judgments on trust variation. In particular, I analyse judicial condemnation ... -
The Ugandan Customary Marriage (Registration) Act: a comment
(University of Florida, 2013)Different marriages in Uganda are govemed by different pieces of legislation. For example, church or civil marriages are govemed by the Marriage Act (1904),' which is in the process of being amended.^ Muslim marriages ...