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Seeking Deliberation on the Unborn in International Law
International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide ...
Demystification of the Inquisitorial System
Criminal procedure in South Africa is outdated and does not produce speedy justice. The Criminal Procedure Act requires a revamp. Lessons can be learnt from the inquisitorial systems but local lawyers have preconceived ...
Pre– and Post–Trial Equality in Criminal Justice in the Context of the Separation of Powers
The previous Westminster criminal justice system entailed a different kind of separation of powers insofar as it concerns the role of state prosecutors. In the Westminster system prosecutors are part of the executive branch, ...
The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities. The Act goes on to define decision as “any decision of an ...
Unpacking the Law and Practice Relating to Parole in South Africa
The possibility of the early release of offenders on parole is meant to act inter alia as an incentive to ensure that prisoners behave meritoriously while serving their sentences. The South African Correctional Services ...
Legislative Exclusions or Exemptions of Property from the Insolvent Estate
The general policy in South African insolvency law is that assets must be recovered and included in the insolvent estate, and that this action must be to the advantage of the creditors of the insolvent estate. But there ...