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- South African Journal of Criminal Justice
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- Volume 22, Issue 1, 2009
South African Journal of Criminal Justice - Volume 22, Issue 1, 2009
Volume 22, Issue 1, 2009
Author Jamil Ddamulira MujuziSource: South African Journal of Criminal Justice 22, pp 1 –38 (2009)More Less
Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death penalty period ; life imprisonment in the aftermath of the abolition of the death penalty ; life imprisonment under the Criminal Law Amendment Act, when it could only be imposed by the High Courts ; and life imprisonment during the Criminal Law Amendment Act, when the regional courts were also empowered to impose this sentence. The author discusses the laws and circumstances which prevailed in the above four periods. With life imprisonment now being the severest sentence that can be imposed in South Africa, the author highlights the challenges associated with it and calls upon the government, courts and civil society to think seriously about how this form of punishment should be administered so as to avoid confusing inmates and exposing the government to litigation.
Not too 'Great Expectations' : considering the right to health care in prisons and its constitutional implementationAuthor Joelle BarnesSource: South African Journal of Criminal Justice 22, pp 39 –68 (2009)More Less
Recently a doctor at Pollsmoor prison was dismissed from his employment where he had been a medical doctor for 10 years, after blowing the whistle on the 'chronic situation in the delivery of health care in Pollsmoor.' He claimed that there was a healthcare crisis typified by chronic understaffing and a lack of any form of disease control. This paper seeks to take a close look at the provision of health care in South Africa's prisons.
Source: South African Journal of Criminal Justice 22, pp 69 –87 (2009)More Less
Crime has been with humanity since time immemorial. Acts of sexual violence are criminalized and punished in national legal systems as they constitute direct attacks on the most basic of human rights. Historically, acts of sexual violence have been left to the jurisdiction of national or military courts within individual states and the international criminal law demonstrates an historical silence on recognizing sexual violence as international crimes. De Than and Shorts expose the fact that neither the Nuremberg nor Tokyo tribunals mentioned sexual violence in their Charters whatsoever, even though rape had undeniably been a crime during warfare for centuries. Chinkin refers to the worldwide rape of women by so-called enemy and 'friendly' forces as well as members of United Nations peacekeeping forces and concludes that sexual violence towards women in armed conflict has a long history.
Source: South African Journal of Criminal Justice 22, pp 94 –123 (2009)More Less
Appeal - leave to appeal on preliminary points prior to or during criminal trial - interests of justice
Appeal - reasons for decision
Appeal - record - effect of lost record
Appeal - special entry - procedure to be followed
Arrest - legality of - arrest without a warrant
Arrest - legality of - with a warrant of arrest
Arrest - with a warrant - failure to obey summons
Plea - guilty - summary conviction in terms of s 112(1)(a)
Private prosecution - locus standi of private prosecutor
Search and seizure - forfeiture order - innocent owner defence
Trial - conduct of presiding officer - impartiality
Trial - fair trial - right to legal representation
Trial - legal representation - what amounts to effective legal representation
Trial - presiding officer - conduct
Trial - stopping of prosecution
International co-operation in investigating crime - procedure
Prevention of organised crime - preservation of property order
Search and seizure - general principles
Search and seizure - privileged documents - preservation order
Search and seizure - search warrant - duty on part of applicant to disclose all material facts
Search and seizure - search warrant - issuing of
Search and seizure - search warrant - notification to person to be searched
Search and seizure - search warrant - validity
Search and seizure - validity - without warrant
Search and seizure - warrant - terms
Author Nicci Whitear-NelSource: South African Journal of Criminal Justice 22, pp 123 –126 (2009)More Less
Credibility of witness, evaluation of accomplice's evidence, admission of hearsay evidence.
Onus of proof, assessment of single evidence, assessment of credibility at trial court level.
Evidence of a quasi-accomplice.
Admissibility of illegally obtained evidence.
Recalling of witness in terms of section 167 of the Criminal Procedure Act 51 of 1977