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 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 ...

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 ...

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 ...

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 ...

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 ...

An accused cannot be held criminally liable by a court until he is considered to be culpable, a process which entails establishing criminal capacity and intention (dolus) or negligence (culpa). Determining a perpetrator’s ...

Concerns with the current criminal justice system in many countries around the world have triggered an interest in alternative methods of dispensing justice. This is because of its failure to effectively reduce crime and ...

Misconduct, antisocial and offending (criminal) behaviour is becoming a problem in South African schools and maintaining discipline in schools is facing many challenges. Current practices do not solve disciplinary challenges. ...

The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes ...