Search
Now showing items 21-30 of 44
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(University of Toronto Press, 2017)
“The supremacy of the constitution and the rule of law” are two foundational
values of South Africa’s 1996 Constitution (s. 1(c)). An independent
judiciary is thus set to play a major role in interpreting and enforcing ...
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 ...
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 ...
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 ...
On amorphous terms, terrorism and a feeble judiciary: Analysing the dissenting judgment in Maseko v Prime Minister of Swaziland and Others (2016)
(UNISA Press, 2017)
On 16 September 2016, the Swaziland High Court delivered judgment in the matter between Maseko and others v Prime Minister of Swaziland and others [2016] SZHC 180, in which it declared certain provisions of the Suppression ...
State obligations in international law related to the right to an adequate standard of living for persons with disabilities
(University of the Western Cape, 2017)
The role played by international law in guaranteeing the right to an adequate standard of living is an important one.1 For a number of years, international bodies have sought to introduce certain levels of financial and ...
Overseeing the overseers: assessing compliance with municipal intervention rules in South Africa
(Springer, 2017)
Section 139 of the Constitution of South Africa empowers provinces to intervene into municipalities, an instrument to correct serious failures in local government. This article discusses the policy and legal framework for ...
The essence vindicated? Courts and customary marriages in South Africa
(Pretoria University Law Press, 2017)
This article describes different approaches in which courts have
determined the validity of customary marriages under the Recognition of
Customary Marriages Act in order to address the historical injustices of
vulnerable ...
Barnard v Minister of Justice: the minister’s verdict
(Institute for Security Studies & University of Cape Town, 2017)
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional ...
Ministerial directives to local government in Zimbabwe: top-down governance in a decentralized constitution
(Cambridge University Press, 2017)
Urban and rural local authorities constitute the lowest tier of Zimbabwe's multilevel system of government. These local governments have a constitutional "right to govern" that must be exercised within the constitutional, ...