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- South African Journal of Criminal Justice
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- Volume 18, Issue 1, 2005
South African Journal of Criminal Justice - Volume 18, Issue 1, 2005
Volume 18, Issue 1, 2005
The South African corruption law and bribery of foreign public officials in international business transactions : a comparative analysisAuthor Omphemetse SibandaSource: South African Journal of Criminal Justice 18, pp 1 –23 (2005)More Less
The Prevention and Combating of Corrupt Activities Act of 2004 (PCCAA) is South Africa's fi rst comprehensive anti-corruption legislation. The PCCAA was born of South Africa's desire to 'provide anew for the prevention of corruption and related offences' by replacing the Corruption Act of 1992. The PCCAA contains far-reaching and interrelated provisions that signal the commitment and the intention of the government of South Africa to unbundle corruption by defi ning and prohibiting various actions and corrupt practices. For the fi rst time, through s 5 of the PCCAA, South Africa follows international trends by extending its national law to address bribery of foreign public offi cials by its nationals. <br>The focal point of the discussion in this article is s 5 of the PCCAA and related provisions concerned with bribery of foreign public offi cials in international business transactions. Potential ramifi cations and shortcomings of s 5 are highlighted. The conclusion reached is that the PCCAA is South Africa's most important anti-corruption legislation to date, which is expected to translate into tangible form efforts and developments in the prevention and combating of corrupt activities.
Pacemakers and 'living wills' : does turning down a pacemaker to allow death with dignity constitute murder?Author David McQuoid-MasonSource: South African Journal of Criminal Justice 18, pp 24 –40 (2005)More Less
Recently the death of a dying comatose patient was prolonged by about 60 hours before a medical practitioner could be found who was prepared to turn down the pacemaker even though the patient had made a living will stating that he did not want to be kept alive by 'artifi cial means' or with 'artifi cial support'. <br>This paper deals with the meaning and status of 'living wills'; the right of patients to refuse medical treatment; whether the words 'artifi cial means' and 'artifi cial support' in a 'living will' include pacemakers; and the legal position when turning down the pacemakers of 'brainstem dead', persistent vegetative state, and comatose non-persistent vegetative state, patients. <br>The paper concludes that a doctor who turns down the pacemaker of a patient who is brainstem dead or in a hopeless persistent vegetative state may not be charged with murder. A doctor who turns down the pacemaker of a comatose patient may or may not be charged with murder -- depending on the circumstances. In order to obtain a proper informed consent doctors should discuss end-of-life decisions with their patients, including the advisability of making a 'living will'.
Judicial management in child abuse cases : empowering judicial officers to be 'the boss of the court'Source: South African Journal of Criminal Justice 18, pp 41 –55 (2005)More Less
It is the role of the judicial offi cer to manage court proceedings. This role assumes greater signifi cance when the witness is a child, as children are in a more vulnerable position than adults due to their lack of maturity and developmental limitations. Children have particular diffi culties with testifying in the courtroom. These diffi culties include a lack of understanding of court proceedings, cognitive disadvantages, lack of language specialisation as well as a general lack of sophistication. Given these diffi culties, it is argued that judicial offi cers need to take a more active role in court proceedings involving child witnesses. Possible accommodations in the courtroom for assisting child witnesses are suggested. It is submitted that ground rules should be introduced regarding the treatment of child witnesses to facilitate their testimony. These rules should relate to the manner in which questions are posed, ensuring that they are age-appropriate, the use of scheduled breaks and the minimisation of postponements and delays. Other accommodations would include a special welcome to child witnesses and a few minutes of rapport-building to set them at ease, as well as age-appropriate information to assist them to understand what their role in the courtroom is.
Source: South African Journal of Criminal Justice 18, pp 56 –65 (2005)More Less
The article sets out to develop a 'clear picture' of how glass analysis may be used for forensic purposes. It discusses the manufacture and properties of different types of glass. The article examines glass breakage and the signifi cance of fragments and fragment distribution in establishing the point, direction and type of impact causing the breakage. Techniques of establishing the identity of glass are analysed, eg the measurement of the refractive index of the glass sample. Using the refractive index is still probably the most useful measurement for the identifi cation of glass particles. The application of the Bayes Theorem to glass analysis is also discussed. The evidentiary value of glass particles found at a crime or accident scene is examined and possible errors and inadequacies are pointed out. While modern analytical methods have extended the availability of evidence, such testimony should be scrutinized carefully to ensure reliability and cogency.
Pillay and Others v S : trial fairness; the doctrine of discoverability; and the concept of 'detriment' - the impact of the Canadian s 24 (2) provision on South African s 35 (5) jurisprudence : commentAuthor Dane AllySource: South African Journal of Criminal Justice 18, pp 66 –76 (2005)More Less
'Substantial and compelling circumstances': sentencing of rapists under the mandatory minimum sentencing scheme : commentAuthor Nicole J. KubistaSource: South African Journal of Criminal Justice 18, pp 77 –86 (2005)More Less