Advanced Criminal Justice
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Justice for juvenile offenders under the new amended legal framework of the Child Justice Act.
(2022)Juvenile justice has come a significantly long way in South Africa as separate system of law, which operates to specifically deal with children in conflict with the law based on international and regional instruments. ... -
Illicit financial flows: the reason Africa is debtor to the rest of the world.
(2021)Multinational companies engaging in commercial transactions or activities are responsible for 60% to 65% of illicit financial flows that leave Africa. Although on average Africa experienced a 5% annual economic growth ... -
A critical analysis of the offence of rape in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007: identifying challenges and providing solutions thereto.
(2021)This study examines the reformation of rape laws in South Africa and challenges two inadequacies which are the result of the statutory definition of the offence created by the Criminal Law (Sexual Offences and Related ... -
Ten years into the Child Justice Act 75 of 2008: Locating the position of imprisonment within the restorative justice framework.
(2020)Prior to the Child Justice Act 75 of 2008, South Africa’s child justice system was regulated by the Constitution, the common law and various legislations. Child offenders were processed in the same criminal justice system ... -
Preliminary inquiries in children in conflict with the law: protection or prejudice.
(2020)Preliminary inquiries come under the guise of the protection of the best interests of the child in conflict with the law. This process could however be more prejudicial than protective. This paper will explore whether ... -
An evaluation of the effect of mandatory minimum sentencing legislation on judicial discretion in South Africa.
(2021)This research project deals with the effect of mandatory minimum sentencing legislation on judicial discretion in South Africa, where courts have historically had carte blanche to exercise their considerably broad ... -
Firearm control in South Africa: the implications of not allowing a citizen to possess a firearm, for the purposes of self- defence.
(2019)Violent crime in South Africa is at an all-time high. In South Africa, scholarly studies suggest that a firearm is mainly used in the commission of violent crimes. Police interventions and legislation aimed at curbing this ... -
The crime of genocide under international and South African law: a critical race perspective.
(2019)The racial politics of international criminal law has been the subject of controversy for a considerable amount of time. The conceptualization of “race” in the crime of genocide has, in particular, been persistently ... -
Balancing the right of the accused to access the police docket with the duty of the state to prosecute: an analysis of the impact of the Constitution.
(2019)Prior to the constitutional dispensation, South Africa was under parliamentary sovereignty and as a result, the right of access to the police docket was unprecedented. When the 1993 Constitution came into effect, it granted ... -
An analysis of spousal competence and non-compellability in terms of section 198 of the Criminal Procedure Act 51 of 1977.
(2018)Marital privilege to be or not to be that is the question? The origins of marital privilege dictate that it has been founded on the biblical principles of the sacredness of the union between man and wife. So holy is this ... -
Understanding the legal principle of dolus eventualis in the context of fatalities arising from motor vehicle collisions.
(2019)No abstract available. -
Section 174 of the Criminal Procedure Act 51 of 1977 : does the interests of justice and the outcome in S v Dewani herald that it is time to eject this provision from our law?
(2017)Section 174 of the Criminal Procedure Act 51 of 1977 encompasses the right of an accused to be discharged from the offence he has allegedly committed where, at the close of the State’s case, there is no evidence on which ... -
A comparative study pertaining to the laws of Germany and America in respect of the test for dolus eventualis with a specific focus on the crimes of murder and culpable homicide.
(2017)Dolus eventualis has correctly been described as an ‘enigma’. Not only has it been variously described by the courts, but they have applied the two-stage test, the cognitive and conative component, without providing an ... -
The right to a fair trial; an analysis of s342 (a), s168 of the Criminal Procedure Act and a permanent stay of prosecution.
(2017)Abstract not available. -
Cultural defences in an open and democratic South Africa with specific reference to the custom of ukuthwala and belief in Witchcraft.
(2016)The Constitution of the Republic of South Africa guarantees the right to culture for all its citizens and guarantees non-discrimination on account of religion, conscience, belief and culture. Culture shapes our identity; ... -
The effect of sentencing HIV-positive offenders to imprisonment.
(2016)South African correctional centres are overcrowded. There is high-risk sexual behaviour and a lack of nutritious diet, all of which contributes to increasing THE level of stress among inmates. This negatively affects the ... -
A re-orientated approach towards understanding white collar crime and its impact on South Africa as a developing country.
(2015)Abstract not available. -
Will a restorative justice approach to sentencing improve the efficacy and functioning of the criminal justice system?
(2015)No abstract available.
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