oa Comparative and International Law Journal of Southern Africa - Opinions of 'foreign country' judges and some new sentencing guidelines in Bophuthatswana



Eleven years after Bophuthatswana was proclaimed an independent and sovereign state by the South African parliament in 1977, international recognition of its independence remains elusive. According to Kahn the international community regards the 'so-called independence as a political sham'. Its independence was recently challenged in proceedings before Bophuthatswana's own Supreme Court. The Chief Justice, Mr Justice Stewart, articulated some judicial views on the issue when he praised the Supreme Court in a speech at the University of Bophuthatswana, broadcast on Bophuthatswana television and claimed that the newly launched Bophuthatswana Law Reports would provide tangible evidence of justice being done in Bophuthatswana, that the rule of law is upheld and that 'the Supreme Court is fearlessly ndependent'. 'That independence' he added, 'is one of the facts relied upon as proof of the independence of Bophuthatswana itself. The article refers to several court cases where inappropriate sentences were inappropriately severe or lenient. These cases could serve as proof of poor legal practices.


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