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- Volume 17, Issue 2, 2004
South African Journal of Criminal Justice - Volume 17, Issue 2, 2004
Volume 17, Issue 2, 2004
Author Alan RycroftSource: South African Journal of Criminal Justice 17, pp 141 –157 (2004)More Less
South African law treats corporate homicide in a differential manner to other forms of culpable homicide. In particular, the limitations on delictual remedies prejudice the dependants of a deceased employee. It is the argument of this article that a more vigorous intervention by criminal law agencies is needed to bring about corporate resolve to avoid workplace deaths. The current limitation of criminal sanctions to a fine is explored and compared to other innovative sanctions which have the potential to both deter and rehabilitate corporate offenders. Beyond punishment, there is a need for pre-emptive measures, such as the development and adherence to Codes of Good Practice, to create new norms and develop corporate vigilance and responsibility.
Author Rochelle Le RouxSource: South African Journal of Criminal Justice 17, pp 158 –177 (2004)More Less
The modern workplace is often the closest interface that individuals have with one of modern society's greatest malaise: corruption. Job insecurity and the right to privacy, more particularly cyber privacy, are often perceived as forces undermining the prevention of corruption in the workplace. This article explores the means at the disposal of employers and employees to address corruption in the workplace and endeavours to illustrate that there are aspects of South African law that provide a framework within which corruption can be addressed in the workplace.
The two reasons for the existence of private defence and their effect on the rules relating to the defence in South AfricaAuthor C.R. SnymanSource: South African Journal of Criminal Justice 17, pp 178 –192 (2004)More Less
There are two reasons for the existence of private defence in criminal law. The first is the individual-protection theory, according to which private defence is aimed at <I>protecting the particular individual</I> who relies on this defence against an unlawful attack. In this theory the individualistic notion of self-defence is predominant. One of the effects of this theory is that a person does not have the right to assume the duties of the police by protecting what he or she subjectively believes to be the interests of justice. The second reason underlying the defence is that private defence <I>serves to uphold justice</I>. Here, the emphasis is on preventing justice yielding to injustice. The person acting in private defence acts in place of the state or police, because it is impossible for the police always to protect everybody in society wherever they may find themselves. At issue in all instances of private defence is the clash between justice and injustice. This theory explains inter alia why the attack must be unlawful, why proactive action by the attacked party is permissible, why there is no duty on the attacked party to flee from the danger, why the attacked party must consciously act in private defence, why one is entitled to protect also another party in private defence, and why it is the attacking party, and not the defending party, who should carry the risk of the consequences (death or injury) flowing from his or her action.
The implications of the emerging jurisprudence in international criminal law for penal regimes in post-independent AfricaAuthor Danwood Mzikenge ChirwaSource: South African Journal of Criminal Justice 17, pp 193 –219 (2004)More Less
The establishment of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda in 1993 and 1994 respectively and the adoption of the Rome Statute of the International Criminal Court in 1998 were heralded as landmarks in the development of international criminal law. As has been the case with international law generally, it is expected that the jurisprudence of these tribunals will influence the development of domestic penal systems. However, for these tribunals to gain credibility and achieve consistency, their operations and practices, especially those relating to penalties, must be structured by human rights standards. It is argued that African penal systems have a lot to learn from these tribunals regarding the range of permissible penalties for international and ordinary crimes, objectives of punishment and sentencing principles. However, it is contended that some of the principles developed by these tribunals thus far are not consistent with human rights and may be interpreted to justify harsh penalties, which are already applicable in some African criminal justice systems.
Author Martin SchonteichSource: South African Journal of Criminal Justice 17, pp 220 –239 (2004)More Less
Criminal Justice in a New Society. Essays in Honour of Solly Leeman, 2003 Acta Juridica, edited by Jonathan Burchell & Adéle Erasmus : book reviewAuthor Angelo PantazisSource: South African Journal of Criminal Justice 17, pp 240 –243 (2004)More Less