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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 ...
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 ...
The African Commission on Human and People's Rights and the woman question
(Springer, 2016)
This paper proposes that in developing jurisprudence on women's rights, the African Commission will need to ask the woman question particularly the African woman question. The woman question requires a judicial or ...
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 ...
Municipal law making under SPLUMA: A survey of fifteen "first generation" municipal planning by-laws
(Potchefstroom Electronic Law Journal, 2019)
The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ...
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 ...
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 ...
An argument for foetal protection within a framework of legal abortion in South Africa
(International Centre of Medicine and Law, 2016)
Termination of pregnancy (abortion) and foetal protection remain a challenging topic in South Africa where abortion is legalised and largely decriminalised. As a general rule, an unborn (nasciturus) does not have legal ...