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Department of Criminal and Procedural Law: Recent submissions

Now showing items 1-20 of 133

The defamatory nature of memes through social media : a case of South African

Koza, Xolani Khaya (2024-01-18)

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 ...
Appropriate versus alternative : litigation in the context of dispute resolution methods in Ghana

Kotochie, Clemence (2023-07-25)

The 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 ...
Bail and the presumption of innocence : a comparative legal study

Gissing, A. (2022-11-30)

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 ...
The role of the presiding officer in South African child justice proceedings : a comparative critique of procedural models

Ndlazi, Muziyabongwa Bongani (2023-06-15)

This research explores the role of the presiding officer in child justice proceedings in South Africa, Germany, and Scotland. The researcher investigates the active participation of the presiding officer as a feature of ...
A comparative study of the exercise of prosecutorial discretion in South Africa, Australia, and the United States of America

Sithole, Sylvester (2023-05-11)

The quest to reduce criminality by effective prosecution has become the paramount role of prosecutors in criminal jurisdictions worldwide. As gatekeepers of the criminal justice system, prosecutors perform different roles ...
A critical review of the criminalisation of sex work in South Africa : a comparative legal study

Mutiso, Antonio Muinde (2022-01-20)

The objective of this research is to critically examine the causes and consequences of the criminalisation of sex work between consenting adults in South Africa by means of a comparative approach. In order to achieve this ...
The revisionary jurisdiction of the higher courts of Botswana and England in the review of decisions of private bodies

Maripe, Bugalo (2022-02-28)

Botswana has a peculiar legal system. It is a former British protectorate, yet the British never introduced their own laws into the country. Instead Botswana was made to apply the law of the Colony of the Cape of Good ...
Alternative dispute resolution for juveniles in crime : a case for Ghana’s legal system

Hassan, Elizabeth Temitope (2022-06)

This research sets out to explore the use of Alternative Dispute Resolution in Ghana's juvenile justice system, emphasizing traditional customs and practices to solve juvenile delinquency. The mixed-method approach was ...
An analysis of the sentencing of human trafficking offenders under South African and international law

Ntlatlapa, Itumeleng Lydia (2021-11-15)

There are concerns that the sentencing regime of offenders convicted of human trafficking in South Africa under the Prevention and Combating of Trafficking in Persons Act 77 of 2013 is too harsh and goes beyond the ...
Use of force by South African security services : a comparative critique

Matubako, Matlhoko Scholtz (2022-02)

One of the most serious challenges facing South Africa currently is the high rate of violent crime as well as violent protests. The police are tasked and empowered by the Constitution as well as statutes to prevent, combat, ...
The powers of a peace officer to arrest a suspect without a warrant, detain and use force : its constitutionality and consequences on the rights of a suspect

Gopaul, Arusha (2022-03)

Peace officers are empowered to arrest without a warrant, detain and use force on suspects. Suspects are guaranteed protection and promotion of their constitutional rights and any act that violates their constitutional ...
Considering Mental Health Courts for South Africa: Lessons from Canada and the United States of America

Pienaar, Letitia (CILSA, 2021)

Under the South African criminal justice system, mentally ill persons in conflict with the law spend long periods awaiting forensic assessment, owing to resource shortages (staff and available beds). Accused persons awaiting ...
Using Theory to Understand and Reduce the High Rates of Sexual Violence in South Africa

Deane, Tameshnie (Central West Publishing, 2019)

South Africa has among the highest rates of sexual violence in the world and this is despite having the most inclusive legislative framework protecting women’s rights. This paper will look at why legal development alone ...
Sexual Violence and the Limits of Laws’ Powers to Alter Behaviour: The Case of South Africa

Deane, Tameshnie (Bridgewater State University, 2018-01)

Despite having one of the most inclusive and progressive constitutions in the world, South Africa (SA) has one of the highest rates of sexual offences globally. This article measures the extent of sexual violence, causes, ...
Searching for Best Practice A Study on Trafficking in Persons in West Africa and South Africa

Deane, Tameshnie (Africa Institute of South Africa, 2017-06)

High levels of human trafficking remain a serious cause for concern, both globally and in many regions. On the African continent, Southern African countries, specifically South Africa, and countries in West Africa, are ...
The Importance of and Challenges to Carrying Out Embedded Implementation Research in Humanitarian Settings: A Study of the Rohingya Refugees

Deane, Tameshnie (IIPCCL Publishing, Graz-Austria, 2021-06)
The Potential Role of Arts and Culture in the Reconciliation Process in Post-Conflict Sri Lanka

Deane, Tameshnie; Deane, Tameshnie (Journal of Arts and Humanities, 2021-06)

Over a decade after the end of the conflict in Sri Lanka that saw mass atrocities being committed, reconciliation remains elusive. Traditional processes alone are inadequate in transforming relationships of antagonism into ...
Offences rising from the right to gather : a legal comparative study

Steyn, Anna Sophia (2021-02)

To gather together is a natural human activity shared by all people. The majority of these activities take place without the involvement of the government, and is of no interest to the law. In South Africa, the right to ...
Marrying Young: Limiting the Impact of a Crisis on the High Prevalence of Child Marriages in Niger

Deane, Tameshnie (2021-07)

Child marriages is a harmful and discriminatory global practice, robbing millions of girls of their childhood. Global attention and momentum to end early marriage has increased over the years however, the impact of the ...
The legitimacy of judicial law-making and the application of judicial discretion in South Africa : a legal comparative study

Mhlanga, Pete Vusi (2020-02)

The concept of judicial law-making impacts on the extent, meaning and scope relationship between the legislature, the executive and the judiciary. It is an integral function of the courts while its shape, meaning and nature ...

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