Criminal Law
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Towards establishing the ‘security laws’ interpretation regime’ which will facilitate the interpretation of state security laws in a manner that upholds and protects the rule of law and human rights: a South African perspective.
(2020)One issue that has confronted democratic states for many years is the often broad and vague nature of security laws, and the consequent need for striking a balance between security laws and the rule of law as well as ... -
A critical evaluation of the doctrine of common purpose in South African law.
(2013)Although South African law adopted the doctrine of common purpose from 19th century English law, the scope of the doctrine has been considerably extended. Whereas English law required presence at the time of the crime, in ... -
Seeking the best forum to prosecute gender-based violence in armed conflict situations in Africa.
(2018)Sexual and gender-based violence (SGBV) has been a common feature of war, in armed conflict situations. This is particularly so on the African continent where sexual and gender-based crimes (SGBCs) are prevalent. Previously ... -
Prosecutorial power and authority: the need to curb the abuse of the power and authority to abandon prosecution in Swaziland.
(2019)Section 6 of the Swaziland Criminal Procedure and Evidence Act 67 of 1938 makes provision for the stopping of a prosecution. The wording of the section is structured in such a manner as to afford the prosecution too wide ... -
The role of public participation in landfill management: a community case study.
(2018)No abstract available. -
The end of the rope: The Criminal Law’s perspective regarding Acts of Consensual Sexual Violence between adult partners within the South African, English and Canadian legal frameworks.
(2018)Nestled within the Constitution lies a guarantee for the sanctity and enforcement of sections 10, being the right to human dignity, 11, promising the right to life and 12, protecting the freedom and security of the person.1 ... -
What constitutes 'substantial and compelling circumstances' in the mandatory and minimum sentencing context?
(2016)No abstract available. -
Common purpose: The last hope for the successful prosecution of 'mob justice' murder cases.
(2017)Mob justice is prevalent in South Africa and the only way these “mob justice” cases can be successfully prosecuted is through the application of the common purpose doctrine. It should be noted that such an important doctrine ... -
A critical analysis of the crime of robbery "with aggravating circumstances".
(2017)This paper is a result of a critical consideration of the crime of robbery with aggravating circumstances as defined in section 1(1) (b) of the Criminal Procedure Act 51 of 1977. The historical origin and development of ... -
The "murder or mercy" debate surrounding euthanasia in SOuth Africa : a discussion on the current South Africa legal position in light of case law, a comparative study to foreign jurisdictions and recommendations made by the South African Law Reform Committee.
(2016)Abstract available in PDF file. -
A comparative study of corporate criminal liability : advancing an argument for the reform of corporate criminal liability in South Africa, by introducing a new offence of corporate homicide.
(2014)With corporations playing a prominent role in economies worldwide, economic activities sometimes result in the negligent deaths of people. Corporate criminal liability is a concept that is accepted in many countries including ... -
The housebreaking crime to remain a common-law crime in South Africa.
(2015)The crime of housebreaking with intent to commit a crime was unknown in Roman and Roman-Dutch law. This crime was treated as an aggravated form of theft. It emanates from the English law crimes of burglary and housebreaking. ... -
Re-opening the debate on developing the crime of public violence in light of the violent protests and strikes.
(2015)While section 17 of the Constitution guarantees the right to freedom of assembly, the violence that often accompanies the exercise of this right culminates in the violation of the rights of non-protesters to, inter alia, ...
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