Browsing by Author "Singh, Sandhiya."

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The eradication of domestic expediency by the African court on human and peoples' rights : lessons from Europe.
(2003) Singh, Sandhiya.
The proposed African Court on Human and Peoples' Rights is an important development in the history of Africa. For the first time, there will be a regional judicial mechanism for the adjudication of human rights issues. The difficulty may lie in the manner in which the Court applies its discretion in relation to the doctrine of margin of appreciation and derogations. As a subsidiary body that has a power of review, the Court must tread warily when applying these principles. Lessons may be learnt from the well established European Court of Human Rights which has applied and developed the doctrine of margin of appreciation and has had occasion to examine the manner and extent of derogations from the European Convention. Applying this knowledge in an African context is important, but there must be discretion in that application that takes the particular circumstances of Africa into account.
Firearm control in South Africa: the implications of not allowing a citizen to possess a firearm, for the purposes of self- defence.
(2019) Naicker, Lereshin.; Singh, Sandhiya.; Baqwa, Dumile.
Violent crime in South Africa is at an all-time high. In South Africa, scholarly studies suggest that a firearm is mainly used in the commission of violent crimes. Police interventions and legislation aimed at curbing this pandemic, are argued to be ineffective and do not deal with the increasing proliferation rate of both legal and illegal firearms in South Africa. Due to the high violent crime rate, citizens begin to feel their lives are in danger and acquire a firearm for the purposes of self-defence. The possession of a firearm for the purposes of self-defence then becomes a contributory factor that increases the proliferation rate of illegal firearms in the country. Criminals rob firearm owners of their firearm and then use these firearms in the commission of future violent crimes. In order to address this contributory factor and the overall proliferation of firearms within the country, the state wished to enact The Firearms Control Draft Amendment Bill 2017. One of the major highlights from the Bill is the state’s intention to repeal Section 13 and Section 14 of the FCA. These two Sections allowed a law-abiding citizen to possess a firearm for the purposes of self-defence. In accordance with the purposes of the Bill, the states thinking was that by preventing citizens from owning firearms for self-defence, criminals will no longer be able to steal these firearms from citizens and use them in the commission of other violent crimes. The rationale was that there will be a decrease in the proliferation rate of firearms and the rate of violent crimes in the country. What the state failed to consider was that there were also other factors which contributed to the high proliferation rate of firearms in South Africa, and that these factors should be addressed first before enacting the Bill and preventing a citizen from owning a firearm for the purposes of self-defence. By rather suggesting that the Bill be enacted and that citizens no longer be allowed to own a firearm for the purposes of self-defence, certain rights that a citizen has would be infringed. This includes their right to life and the right to freedom and security of the person (specifically bodily integrity and the right to be free from all forms of violence). The Section 36 Analysis done in this study will show that the limitation on these rights is not reasonable or justifiable and that less restrictive means exist ,which should be utilized.
Truth and reconciliation in South Africa vs Gacaca Courts in Rwanda: transitional justice mechanisms, and the need for reparations.
(2021) Msane, Andile Nomvelo Fidelia.; Singh, Sandhiya.
The year 1994 will forever be earmarked as the most eventful year in the history books of both South Africa and Rwanda. For South Africa, the year represented a long-awaited transition from an apartheid and segregationist government to one of democracy. This placed an obligation on the government to restore national unity, to hold accountable the perpetrators of apartheid and to repair the victims and survivors of apartheid. The creation of the Truth and Reconciliation Commission was situated primarily on the fulfilment of these aims. More than two decades ago, while South Africa was moving away from conflict, in April of 1994. Also, in April 1994, Rwanda was emerging into an ethnically fuelled genocide in an attempt to hold the perpetrators accountable for their actions, it became apparent that the existing judicial system had been debilitated and would be incapable of handling the amount of cases before it. This led to the creation of Gacaca Courts which were tasked with the investigation and prosecution of crimes committed between 1 October 1990 and 31 December 1994. The topic of discussion was prompted by the visible failure of both governments to cater for the needs of its citizens and to address past injustices brought about as a result of the mass human rights violations. Moreover, the overwhelming lack of literature on the topic of reparations for African countries post conflict, prompted the need to look at transitional justice mechanisms and to decipher to what extent they deliver justice and peace practically, as opposed to theoretical ideals. Further, the need to call out both governments for the controversial, yet accurate claim that without the payment of reparations (which comes in many forms) justice has not been done and both governments have failed its citizens for over two decades. Finally, this topic was prompted by the effort to not only fill the gap in the understanding of reparations in Africa and within transitional justice but also an attempt to influence legislation impacted in this regard. This dissertation will look at the ways in which comparison can be made between the South African Truth and Reconciliation Commission following Apartheid and the Gacaca Courts following the Rwandan Genocide with regard to the restorative approaches employed in both cases as well how sexual violence was handled respectively. It explores the effectiveness of Gacaca Courts, the positive changes it’s made possible for the Rwandan citizens as well as its short comings. It also explores the effectiveness of the TRC as well as its shortcomings and makes a comparison between SA, Namibia and Zimbabwe on the land question. In addition to this, it will look at the practical application of reparations in the country specific context, in chapters 2 (South Africa) and 3 (Rwanda) respectively. Moreover, this paper will argue that without the reparations aspect of the countries proposals being fulfilled in its entirety, the process to justice and peace is incomplete and justice cannot be said to be done. It will also look at the forms that reparations can take as well as how that has been applied, and ought to be applied in the specific countries. Recommendations for each country are made and explained in detail in chapter 4. Two recommendations for South Africa are made in this dissertation. It is recommended that the registration period for individual reparations for the survivors of apartheid be re-opened, further, it is recommended that government deals with the land reform issues on an urgent basis. The successes of Gacaca Courts are commendable; however, the failures have been detrimental to the lives and health of the victims of genocide. It is in this breath that three recommendations are made for a more effective and far reaching operation. It is recommended that the Rwandan Patriotic Front be held accountable for the crimes committed during and after the Genocide and not be exempted from law. Further, it is recommended that government establish a compensation fund for victims and finally, it is recommended that crimes for sexual violence and sexual reproduction get special attention and crime specific reparations.