Theses and Dissertations (Criminal and Procedural Law)
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Item Combating copper theft as an organised and critical infrastructure crime in South Africa : a legal comparative study(2024-02) Sibanda, Ronnie Nhlanhla; Mollema, NinaThis study investigates copper cable theft as an organised and infrastructure crime in South Africa by means of a comparative approach. The main objective is to evaluate the adequacy and effectiveness of the legal framework combating copper theft as an organised and critical infrastructure crime in the country. The crime of copper cable theft as an organised crime relating to infrastructure is investigated in this study from a conceptual approach by analysing and assessing international and regional perspectives on non-ferrous metal theft as well as foreign perspectives from countries impacted by copper theft crimes such as the US, the UK, and Zimbabwe. The research concedes that although common-law crimes, statutes, and transitional legislation can be utilised to challenge certain elements of organised copper theft and critical infrastructure offences, these laws are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study finds that copper cable theft as an organised and infrastructure crime has national, regional, and international dimensions. To effectively deal with this scourge, the crime must be regarded from these particular perspectives. The study recommends that a national integrated strategy be developed to specifically deal with copper cable theft. This strategy must include best international practices from selected jurisdictions as regards instructive law enforcement and legislative responses to copper cable theft. In this regard, specific recommendations include the promotion of the 4Ps framework, the adoption of the national copper theft online register, ongoing education, training, and specialisation on matters of copper cable theft, and long-term multi-disciplinary approaches to combat copper cable theft, amongst others. It is believed that the full implementation of these recommendations would go a long way in effectively combating copper cable theft as an organised and critical infrastructure crime in South Africa.Item A quest for a uniform set of rules regulating eviction proceedings in South Africa(2021-10-20) Neke, Lungisani David Mlungisi; Van Wyk, JeannieThe hypothetical premise around which this study revolves is that, from a procedural angle, there are no comprehensive court rules regulating evictions in South Africa, notwithstanding the existence of various substantive laws pertaining to evictions. The study is also informed by the perceived inconsistent elements in the existing eviction-related laws, which have a propensity to confuse litigants both in the High Court and the Magistrates’ Courts. The current general procedures that regulate processes in civil courts, including the commencement of evictions up to the execution of ejectment orders, are comprehensively analysed and demonstrate a necessity for stand-alone uniform eviction procedures. Provisions of various substantive eviction laws seem to be incorporated or infused in some civil procedural laws and practice directives regulating eviction proceedings in South African courts but to a very limited and unsatisfactory extent, leaving room for the creation of a uniform regulatory framework. Both pre-democratic and post-constitutional eviction regulatory frameworks are evaluated in the thesis, and shortcomings identified. Certain inadequacies in this regard are validated by the research findings. The secondary objective of the study is to concentrate on developing mechanisms towards improving the shortcomings ascertained. This is done mainly through reference to and comparative analysis of laws and procedures on evictions in selected foreign jurisdictions namely, the United Kingdom and the two states of Arizona and Texas in the United States of America. The study confirms that there is a lacuna for procedural rules of court dedicated to evictions in South Africa. Should such rules be developed, as is suggested, then at least two alternative formats are recommended and discussed.Item The defamatory nature of memes through social media : a case of South African(2024-01-18) Koza, Xolani Khaya; Tladi, S.E.M.With the introduction of various social media platforms in the twenty-first century, social media grew at an exponential rate. Social media platforms have become an integral part of our everyday lives, playing an important role in our social environment by helping individuals to stay in touch with others and keeping us informed about global events. However, with the advent of social media, content aggregation sites, and online discussion, the potential of defamatory content and false comments reaching a large audience has increased dramatically in recent years. Social media sites are designed to encourage and incentivise the dissemination of sensational material without any fact-checking or control. Despite many of the advantages of social media platforms, they also provide opportunities for abuse and can bring out the worst in people, who are often unconcerned about the consequences of their actions. In today's digital age, it is easier and more rewarding than ever for social media users to spread false information about a person or business. The abuse and misuse are frequently done through memes, and while memes are now recognised as a form of practice and storytelling, they have a tendency to result in defamation. The study analyses the defamatory nature of memes on social media. Nonetheless, the Internet has made meme spreading a very public behaviour, and the phrase has become an intrinsic part of netizen vocabulary. Memes are among the several kinds of communication used by social media users. Memes, defined as cultural units that spread from person to person were disputed long before the Internet era. Furthermore, the study will consider the following aspects of memes: their global and regional characteristics; their role in Internet communication; and their societal connotation. The study will also look at the impact of Internet memes on one's personality and constitutional rights such as the right to a good name, freedom of expression, and privacy. Finally, the study will include a comparative component that will examine Australian law on the regulation of memes.Item Appropriate versus alternative : litigation in the context of dispute resolution methods in Ghana(2023-07-25) Kotochie, Clemence; Velthuizen, Andreas Gerhardus; Manthwa, Tshepo AubreyThe study sought to accomplish three main tasks. These were to clarify ‘appropriate dispute resolution method’, design a mechanism for selecting an appropriate dispute resolution method for use in resolving disputes and finally, settle the age-old debate as to which dispute resolution method is the most appropriate one in Ghana. While quantitative methods were employed in the pursuit of the first two tasks, mixed methods research, that is, sequential explanatory design was used for the third task. The findings are that, the appropriate dispute resolution method is that which delivers a just, fair, and enforceable outcome. Also, disputants should select dispute resolution methods that ensure reconciliation, fairness, relationship preservation, attainment of expected outcome(s) and decision enforceability. Lastly, this study found that there is no absolutely appropriate dispute resolution method in Ghana. The findings revealed that it is the type and stage of dispute, issues in dispute, disputant’s circumstances, the legal framework, and the dispute resolution practitioner that collectively determine the most appropriate dispute resolution method at any point in time. It is therefore suggested that policy makers in Ghana should consider amending Sections 1 and 113(c) of the Alternative Dispute Resolution Act 798 of 2010 to allow for use of the other methods to resolve disputes relating to matters of the environment and those of public interest and make negotiation agreements binding. Furthermore, it is suggested that a central authority should be set up to certify, train and regulate other dispute resolution practice in Ghana. Finally, it is proposed that disputants should consider the type of dispute and stage of the dispute, the dispute resolution practitioner (if it is ascertainable), disputant’s circumstances, issues in dispute, and the dispute resolution legal framework for selecting the most appropriate dispute resolution method to settle their disputes.Item Bail and the presumption of innocence : a comparative legal study(2022-11-30) Gissing, A.; Mokoena, M. T. (Mabowa Thomas); Mollema, Nina, 1965-Every person arrested for allegedly having committed a crime, has a constitutional right to be released on bail if the interests of justice permit and subject to reasonable conditions. Every accused has a constitutional right to be presumed innocent until proven guilty. The focus of the research is on the consideration of bail be granted to an accused, charged with offences, falling within the ambit of the various schedules of the Criminal Procedure Act, and the effect thereof on the presumption of innocence and an accused’s constitutional rights, with a critical comparison to the Canadian law and its Constitution. The research investigates the origin and historical background of bail with specific comparison to our current South African bail legislation. The evidentiary rules in bail applications are explored and discussed. The reverse onus in schedule 5 and 6 bail applications and the effect on the presumption of innocence is meticulously assessed and analysed. The discussion of bail pending appeal, after leave to appeal having been granted against conviction, explores the reality of the restoration of the presumption of innocence, post-conviction. The conclusions reached in this research indicate that the Canadian bail legislation is more liberal and sensitive to the rights of an accused and, as such, the South African legislation should align itself with the Canadian legislation. The final recommendations propose particular amendments to the current legislation, which will address the criticisms identified in the research.