News and Views for Magistrates - Dec 2005
Author Alexander PatersonSource: News and Views for Magistrates 2005, pp 1 –7 (2005)More Less
Extracted from text ... In the past ten years, environmental jurisprudence has developed rapidly facilitated through: the promulgation of a vast array of dedicated environmental policy and legislation; the proliferation of environmentally related court decisions; the establishment of dedicated environmental courts; the appointment of specialized environmental management inspectors; and perhaps most importantly, a shift in political will that recognises it is nonsensical to devour and destroy our host earth at an unsustainable rate. Criminal Sanctions A central tool for facilitating compliance with this emerging body of environmental law is the imposition of criminal sanctions on persons whose activities pollute or degrade the environment. ..
Author P.J. (Phil) SnijmanSource: News and Views for Magistrates 2005, pp 2 –3 (2005)More Less
Extracted from text ... Hermanus' Environmental Court: Does it protect the environment? By P.J. (Phil) Snijman LLB and M Phil (Environmental Management)* Page 2 Why an Environmental Court? The Environmental Court in Hermanus commenced operations in February 2003 as a joint initiative between the Director of Public Prosecutions in Cape Town and Marine and Coastal Management, a branch of the national Department of Environmental Affairs and Tourism. Although it was seen as a pilot project concentrating primarily on abalone related offences, it was also required to serve as a forum for prosecuting other environmental crimes, as well as a pilot model for other ..
Author Anashri PillaySource: News and Views for Magistrates 2005, pp 4 –7 (2005)More Less
Extracted from text ... What would you do? Anashri Pillay** The accused was convicted of eight charges, including theft, attempted theft, fraud and forgery of an ID document in the regional court. She was sentenced to an effective 14 years' imprisonment and appealed against this sentence to the High Court. The accused had a large number of previous convictions and had been sentenced to ten years' imprisonment in 1993 but, for reasons not clear in the case, was released after 18 months. The crimes she was convicted for in this case all occurred in 1995 and 1996. On appeal, counsel for the accused ..
Author Clive WillowsSource: News and Views for Magistrates 2005 (2005)More Less
Extracted from text ... Page 4 Stress in the Judiciary By Clive Willows* Research indicates that the most profound stress originates not from the workplace but from relationships. To address the topic of stress, it is therefore necessary to spend some time understanding our relationships. Whilst our relationships may prove to be the greatest potential contributor to stress, they can also prove to be the best antidote in developing our immunity to stress. "Stress" is our response to external stressors. Our stress reduces or grows depending on a reciprocal feedback mechanism as we continually evaluate the impact of our responses. Do our responses ..
Author Deon MinnieSource: News and Views for Magistrates 2005 (2005)More Less
Extracted from text ... In October 2005, I attended a sexual offences workshop, entitled "Contextualizing Sexual Offences", in White River, Mpumalanga. The workshop was a joint venture of the Judicial Education Committee of ARMSA and LRG. As part of the workshop, "The Accused" was screened. After analysing and discussing the issues reflected in the film, it was decided by participants that it would be appropriate to inform other magistrates of the merits of this film as a possible medium for training, especially for Regional Magistrates who preside in the Sexual Offences Courts. The film deals in a crisp manner with the prejudice, bias ..
Author Nomthandazo NtlamaSource: News and Views for Magistrates 2005, pp 6 –7 (2005)More Less
Extracted from text ... The South African Constitution has a strong attachment to the rights and obligations of citizens. Equality is one of the fundamental goals that is entrenched in the Constitution. The equality provision in the Constitution is a key mechanism through which the imbalances of the past can be redressed. The pre-1994 period was characterised by a system of domination where there was no equality between people of different races. The system was framed in such a manner that it violated every internationally recognised fundamental human right. Therefore, human rights provisions in the Constitution, and in particular, the right to equality ..
Source: News and Views for Magistrates 2005 (2005)More Less
Extracted from text ... bitS & PIECES Page 8 Shock report on unsolved rape cases A survey has found that gross inefficiencies in the investigation and prosecution of rape cases in the Western Cape have allegedly been suppressed by the National Prosecuting Authority (NPA). A child is raped every 24 minutes in South Africa, yet according to the damning report based on research conducted by the University of Cape Town's Gender Health and Justice Research Unit from January 2001 to May 2003, 31% of rape cases in Khayelitsha are filed as unsolved, while 33% of rape cases in Gugulethu are closed without ever being ..