http://hdl.handle.net/10500/2749 2013-05-15T12:07:42Z http://hdl.handle.net/10500/9040 Sentencing Terblanche, SS The article contains a systematic discussion of all noteworthy judgments dealing with issues related to sentencing. It assesses these judgments against the background of applicable law, and attempts to make a contribution to the improvement of sentencing practices where relevant. 2011-01-01T00:00:00Z http://hdl.handle.net/10500/8894 The punishment must fit the crime: Also when the offender has previous convictions? Terblanche, SS The extent to which previous convictions should influence the sentence of an offender is unclear and, in South Africa, not based on clear principle. Although most people feel instinctively that an increased sentence is justified, courts follow varying practices and long prison sentences for petty offences often result. The article considers current sentencing practices and discusses the theoretical frameworks that have been proposed internationally. It closes with submissions aimed at improving the current situation. 2011-01-01T00:00:00Z http://hdl.handle.net/10500/8893 Judgments on sentencing: Leaving a lasting legacy Terblanche, SS It is generally accepted that sentencing is a particularly difficult part of the criminal process. Judicial discretion has an important role in sentencing. Several legal principles have been developed to guide the discretion. In South Africa it has been accepted that retribution as basis for sentencing was less important than prevention and rehabilitation. In the meantime many other jurisdictions returned to consider retribution as central to sentencing. To date our jurisprudence has largely ignored these developments. However, Judge Harms saw to it that our authorities also include these new approaches. His judgments always referred to a variety of foreign and local authority and kept both the bench and academics on their toes. With respect to the current development of South African law on sentencing, Judge Harms’s judgments were far ahead of their time. 2013-02-01T00:00:00Z http://hdl.handle.net/10500/8829 The customary law of intestate succession Moodley, Isabel The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. 2012-11-30T00:00:00Z