Faculty of Law: Recent submissions
Now showing items 381-400 of 909
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Arrested in Africa: An Exploration of the Issues
(Dullah Omar Institute, 2015)Recent research and advocacy efforts have drawn attention to the excessive use of and prolonged pre-trial detention in Africa. At any given moment there are roughly 1 million people in Africa’s prisons. Far more move ... -
Ten years after the Jali Commission: assessing the state of South Africa's prisons
(South African Crime Quaterly, 2016-12)Ten years have lapsed since the Jali Commission’s final report became publicly available, and it is therefore an opportune time to assess the state of South Africa’s prison system. The Jali Commission was appointed when ... -
Modest beginnings, high hopes: The Western Cape Police Ombudsman
(South African Crime Quarterly, 2018)In 2013 the Western Cape legislature passed the Western Cape Community Safety Act (WCCSA) to improve monitoring of and oversight over the police. One creation of the WCCSA is the Western Cape Police Ombudsman, which became ... -
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 ... -
Challenges to effective prison governance in South Africa
(Law, Democracy & Development, 2006)In an attempt to broaden the debate on prison reform in South Africa, this article reports on the findings of the investigation into the status of governance in selected prisons around the country. The study. which set out ... -
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward
(Civil Society Prison Reform Initiative, 2005)Rehabilitation and reintegration, as contemplated on the scale articulated in the White Paper, will indeed require a very careful approach and consideration would have to be given to the major challenges, such as resource ... -
South African prisoner's right to vote
(Civil Society Prison Reform Initiative, 2004)The South African Constitution states that every adult citizen has the right to vote. There has therefore been some legal controversy around the questions of whether it would be unconstitutional to limit the right of any ... -
Parallel Policies: Policies relevant to child safety
(Centre for Justice and Crime Prevention, 2007)The Centre for Justice and Crime Prevention’s 2005 National Youth Victimisation Study indicated the need to explore existing policy impacting on children from a social crime prevention perspective within a rights-based ... -
The death penalty in the Cape Provincial Division: 1986-1988
(South African Journal on Human Rights, 1989)This article presents the data that we collected in four tables. These are explained in the first section below. The second part of the article examines three issues that emerge from the data. First, we note the disparity ... -
Community safety, offender re-entry and local government
(Community Law Centre, University of the Western Cape, 2012)This paper examines the issue of “Community safety, offender re-entry and local government” in South Africa. The impact of the release of large numbers of prisoners back into society on a monthly basis poses particular ... -
The Juvenile Justice Law Reform Process in South Africa: Can children's rights approach carry the day?
(Quarterly Law Review, 1999)The impetus for juvenile justice law reform sprang originally from concern for the plight of child detainees in the dark days of apartheid in the 1980s. Children, who were at the forefront of the struggle for democratic ... -
Failing to prosecute? Assessing the State of the National Prosecuting Authority of South Africa
(Institute for Security Studies, 2012)The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and ... -
The state of civil society participation in Parliament
(Law, Democracy & Development, 2012)This paper explores the extent of public participation in the legislative, oversight and accountability mandates of Parliament. The legislative mandate refers to the making, introducing and amending of laws. The Constitution ... -
Privatization and the role of sub-national governments in the Latin American power sector: A plea for less subsidiarity?
(International Journal of Energy Economics and Policy (IJEEP), 2018)In this paper, we explore the cross-national impact of privatization in the network industries on the access to network services. We focus on the assessment of the electricity sector in 20 Latin American countries and ... -
“Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective
(SAFLII, 2018)In October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, ... -
They keep saying, ‘My President, my Emperor, and my All’: Exploring the antidote to the perpetual threat on constitutionalism in Malawi
(Community Law Centre, University of the Western Cape, 2013)Constitutionalism is the liberal democratic value that aims at having a constitutional government whose powers are capable of being effectively limited. A country’s constitution plays the major role in ensuring constitutionalism ... -
Accountability and the right to food: A comparative study of India and South Africa
(Food Security SA Working Paper Series, 2018)It remains a great source of concern that, as richly endowed as the world is, each day millions of people go to sleep hungry and almost 870 million people, particularly in developing countries, are chronically undernourished. ... -
The Right to Primary Education of Children With Disabilities in Malawi: A Diagnosis of the Conceptual Approach and Implementation
(Pretoria University Law Press, 2013)The Convention on the Rights of Persons with Disabilities, which Malawi ratified in August 2009, affirms the recognition that disabled children are entitled to enjoy human rights such as primary education, including ... -
Contribution of the health Ombud to accountability: The life Esidimeni tragedy in South Africa
(Health and Human Rights Journal, 2018)Between October 2015 and June 2016, 1,711 people were relocated from mental health facilities operated by long-term provider Life Esidimeni in the South African province of Gauteng to alternative facilities managed by ... -
Implementing legal accountability to reduce maternal mortality and morbidity in Uganda
(African Human Rights Law Journal, 2018)Accountability is a vital human rights principle to address preventable maternal morbidity and mortality in Uganda. The continuous use of ‘accountability’ as a term without elaborating on it gets in the way of using its ...