Masters Degrees (Advanced Criminal Justice)

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The applicability of the law of war in internal conflict : a selective study of the Geneva Conventions of 1949 and additional protocols of 1977.
(1980) Borrowdale, Andrew.
No abstract available.
Preventive law.
(1981) Robertson, Michael Keith.; McQuoid-Mason, David Jan.
No abstract available.
Expropriation and the social contract with reference to the relation between citizens and their property.
(1983) Erasmus, Gavin Mark.; Mathews, Antony Stuart.; Boulle, Laurence Joseph.
No abstract available.
An examination of the progression towards no-fault motor vehicle insurance, with particular reference to the Republic of South Africa.
(1986) Wills, Michelle A.
At present in South Africa, personal compensation in relation to motor vehicle accidents is firmly based on the delictual principle of 'fault'. This gives rise to a number of questions: Is this the system best suited to the realities of the motor vehicle and its accident-causing potential in modern society? Are the interests of society best served by a system of compensation based on fault? Is this the optimum system for the handling of the vast number of claims arising out of motor vehicle accidents? Are there alternative workable schemes which could be introduced? To these questions the writer addresses herself in this thesis. By no means will this thesis answer all the intricate and complex questions involved in the fault vs. no-fault debate. However, it is hoped that what follows will contribute to a better understanding of the basic issues involved and will facilitate further discussion with a view to improving the lot of the motor vehicle accident victim.
A consideration of the retention of the hearsay rule in the law of evidence.
(1987) Draeger, Justin Lawrence.; Newman, Ellie.
No abstract available.
An Evaluation of the Judge Presidency of John Dove Wilson of Natal (1910-1930)
(1987) Girvin, Stephen Darryl.; Spiller, Peter.
No abstract available.
A History of the Natal Provincial Division of the Supreme Court of South Africa during the Judge Presidency of Richard Feetham (1930-1939) : with particular reference to the bench and bar.
(1988) De Beer, Marina.; Spiller, Peter.; Newman, Ellie.
Richard Feetham was Judge President of the Natal Provincial Division from 1 May 1930 to 18 July 1939. He succeeded Dove Wilson who was an able but not a very learned or dynamic Judge President. Thus, at the time of his appointment the Natal Court and its judgments were treated with little respect by the other provincial divisions. Feetham JP, unlike his predecessor, was not only a scholar with a towering intellect but a man endowed with outstanding leadership qualities. He was thus ideally suited to bring about a change for the better in the status of the Natal Court. He did this by taking a dynamic lead and presided over and delivered a high proportion of the courts' judgments. He also set his brethren an excellent example by the high standard he set for himself and his court and which they emulated. This thesis thus also covers the careers of these puisne and acting puisne judges and their contribution towards the better administration of justice in Natal. In 1930 there existed in Natal a disinct system of dual practice with a de facto Bar. This system had been a vexed question in the minds of Natal lawyers for two decades but when Feetham JP was confronted with it he immediately addressed the controversial issue and brought about the necessary reforms to divide the legal profession and bring Natal into line with the rest of South Africa. This reform raised the quality of pleading and manner in which the law was presented. It also provided the Natal Bench with able personnel for the future from within Natal. Accordingly this thesis also assesses the careers of the main legal practitioners of that period and their contribution towards the development of the administration of justice in Natal. In less than ten years Feetham JP thus transformed the Natal Provincial Division from being weak and ineffectual to a position where it became a division respected for its Bench, judgments and legal profession. During the course of time history has confirmed the overall significance of Richard Feetham's Judge Presidency.
Equality before the law and access to justice in criminal proceedings under a bill of rights.
(1994) Nkutha, Mathobela Shadrack.; McQuoid-Mason, David Jan.
This work seeks to critically examine the right to legal representation in the South African criminal justice system under a future constitutional dispensation. Extensive attention has been given to how the right to legal representation has been interpreted under the common law. Reference has been made to the united States 6f America's approach to the due process and equal protection clauses in shaping the substantive and procedural content of the right to counsel in criminal proceedings. The importance of legal representation is examined during the pre-trial, trial and sentencing stages of criminal proceedings. A brief comparative examination has been made of the right to legal representation in other foreign jurisdictions, and how the courts have dealt with indigent accused persons facing criminal charges. Proposals from different quarters in South Africa have been discussed in the hope that these proposals may still find a place in the country's final constitution. Finally, the practical implications of a qualified right to free legal representation as provided by the Interim South African Constitution is discussed. Suggestions are also made concerning the approach to be adopted by the courts in the face of judicial precedents which would be in conflict with a new value system under a Bill of Rights after 27 April 1994.
The decriminalisation of victimless sexual offences.
(1996) Stone, Karen Lara.; Milton, John Robert Landrey.
This dissertation serves as an analysis of the current legislation criminalising both prostitution and homosexuality. The object of the dissertation is to explore the possibility of decriminalisation in the aforementioned areas of the criminal law, on the premise that the criminalisation of the aforementioned areas is not justified. The dissertation provides an overview of the historical progression of the law in relation to the sexual offences of homosexuality and prostitution, and examines the legislative trends that emerge within the historical context. The law and its relation to morality is explored, with the objective of examining whether morality can serve as a sufficient justification for criminalisation of conduct. Additionally the legislative justification for criminalising both homosexuality and prostitution is explored in order to determine the legitimacy thereof The current legislation is defined and examined. The Constitution of South Africa, and specifically the Bill of Rights is investigated to determine whether there can be any foundation therein for an appeal for decriminalisation. Finally, an examination of legislative alternatives is documented. The conclusion is then derived therefrom. The purpose of the dissertation is to examine the decriminalisation of victimless sexual offences, and the results of the research demonstrate favourably towards such an initiative.
The horizontal application of the South African Bill of Rights.
(1998) Chetty, Karun D.; Govender, Karthigasen.
The Constitution of the Republic of South Africa, Act 200 of 1993 which operated as the interim constitution of the Republic introduced a new legal order predicated on constitutionalism and constitutional supremacy. Within it was entrenched a justiciable Bill of Rights that guaranteed the enforcement and protection of the fundamental rights of the individuals of the state. Notionally and traditionally bills of rights have been conceived as a mechanism for the protection and enforcement of fundamental human rights against the state, the abuse of state authority and sate power. Such an application has been typified as the vertical application of the bill of rights . During the drafting process of the Interim Constitution, the Technical Committees commissioned by the Multi-Party Negotiating Process for that purpose were preoccupied with the question as to whether the South African Bill of Rights should apply in the private sphere between private persons acting inter se; such an application being typified as the horizontal application. The result was an ambiguous text. The question of whether the Bill of Rights was indeed capable of a horizontal application was intensely debated before the Constitutional Court of South Africa in Du Plessis And Others v De Klerk And Another 1996 (3) SA 850. And in an equally intense judgment the majority of the Court concluded that the Bill of Rights was not in general capable of a direct horizontal application. Although influenced by a strenuous textual analysis, there were other considerations too that influenced the Court's decision. One of the most important of these was that the operation of a bill of rights in the private sphere would be contrary to the notion of a constitutional state and that it would make the law vague and uncertain. However, the very same Constitutional Court a few months later in In Re: Certification of the Constitution of the Republic of South Africa, 1996, 1996 (10) BCLR 1253 (CC) certified that Section 8 (2) of Chapter 3 unequivocally provided for the horizontal application of the Bill of Rights. This dissertation examines the paradigms within which the Bill of Rights operates horizontally and analyzes the apprehensions expressed in Du Plessis v De Klerk within the context of these paradigms.
Food legislation in third world countries : a case study of Zambia.
(1998) Nakazwe, Mbita.; McQuoid-Mason, David Jan.
Advances in the food industry have made food consumption increasingly complex. Varieties of foodstuffs that are available to consumers each day are on the increase. It is therefore essential that legislation in place ensures the heal th of unsophisticated consumers, in the face of a sophisticated food industry. The need for food safety legislation is even more crucial to Third World countries where literacy levels are low, poverty levels high, and chronic food shortages, prevalent. An important question that any developing country has to address is how it can better equip its food control system within its own limited resources? Does the answer lie in an increase in the amount of food safety legislation? Or in the improvement of enforcement mechanisms? This thesis investigates the existence and effectiveness of food safety legislation in typical Third World countries and for this purpose, Zambia has been chosen as a particular case study. The aim of the study is to analyse the existing legal framework and to assess the effectiveness of its enforcement. This has been done by way of library research and personal interviews. The Internet also proved to be a valuable research tool. From the findings of the study it is clear that although there exists within the country a legal framework controlling food quality and safety, the same requires urgent amendment and more effective enforcement. It was realised from the findings of this study that the situation that currently obtains in Zambia can only be left unattended at the nation's peril. It is imperative that legislation in operation is made more effective especially with regard to food imports where a notable lacuna exists. The enforcement of legislation is another area that desperately requires reform. The solution to the problem of food safety in Zambia does not lie in advocating an increase in the quanti ty of legislation but rather in its quality. There is a need to increase consumer awareness through food safety and quality consumer education programmes and the active participation of consumer groups in matters of food safety and control. Overcoming the problem of food safety requires the concerted efforts on the part of all key players, the government, industry and consumers themselves.
Comparative analysis of the defence of provocation.
(2000) Pather, Sivikalay.; Louw, Ronald.
No abstract available.
Battered women syndrome : a possible defence in South African law for women who kill?
(2000) Singh, Nerisha.; Louw, Ronald.
No abstract available.
The future of clinical legal education in Lesotho : a study of the National University of Lesotho's legal education and its relevance to the needs of the administration of justice in Lesotho.
(2002) Letsika, Qhalehang A.; McQuoid-Mason, David Jan.
No abstract available.
An evaluation of the role of United Nations civilian and military peacekeepers, with particular reference to conflict management training in the SADC region.
(2002) Ogunsanya, Vivian Oluwakemi.; Rycroft, Alan John.
No abstract available.
The application of the right to equality for women under international law in Southern African courts : a survey of five countries.
(2002) Adam, Ayesha Goolam Mahomed.; O'Shea, Andreas.
A significant proportion of the world's population are routinely subjected to abuse, torture, humiliation, starvation and mutilation simply because they are female, more so in Africa where women's rights are still often viewed as distinct from human rights. This raises the question of state responsibility for protecting women's human rights. Women, as much as men, are entitled to full protection of their rights and freedoms because they are human beings. A decade ago, the United Nations summarized the burden of gender inequality by stating that women composed one--half of the world's population and performed two thirds of the world's work, but earned only one tenth of the world's income and owned only one hundredth of the worlds property. A look at the constitutions of many Southern African states would suggest that women enjoy equality and access to first generation hunlan rights across the region. In most of these constitutions 'discrimination' on the grounds of gender is prohibited, but the governments frequently do not have the nlechanisms in place to enforce these constitutional provisions effectively and women are therefore subjected to widespread practices of discrimination, violence and inequality. Although party to international human rights instruments that advocate gender equality, African states still take a particularly selective view of women's human rights and make this contingent upon local custom. Then one might find that the constitution and civil law give women the same rights as men, but make these subject to traditional practices that limit women's rights. This dissertation will address the issue of how customary laws limit women's human rights and will examine the role of the courts therein. We will also briefly look at the application of international human rights documents in domestic courts. In order to constructively and comprehensively examine the topic within the space constraints dictated, I had to limit this paper to a survey of five Southern African states that were chosen because of their common language, cultural and legal dualism, colonial histories, and the availability of case law. This paper will cover specific issues that affect women in the personal law of marriage, divorce, property rights and inheritance and will be limited to those areas where most inequalities occur. The reason that this paper will concentrate on the above-mentioned issues is that family law is central to African social, political and economic life. The importance of family law in traditional African systems cannot be sufficiently emphasized as it has been noted that in any study of African traditional economic and political arrangcments, the notion of family impinges upon almost every area of community life. These traditional rules are not merely historical curiosities but are part and parcel of the living domestic law in most Southern African states. We will now examine these domestic legal systenls.
E-Mail privacy : does the government have the right to intercept and or monitor private e-mail communications?
(2003) Majola, Zanele Precious.; McQuoid-Mason, David Jan.
Section 14 of the Constitution provides for the right to privacy, which includes the right not to have the privacy of communications infringed. The right is also protected at common law - a breach of a person's privacy constitutes an iniura. E-mail communications are therefore protected by both, the common law and the Constitution. The question that this work seeks to answer is, whether the Government has the right to intercept and/or monitor private e-mail communications. The right to privacy is not absolute, case law and legislation show that this right can be limited. At common law, a valid defence will negate the unlawfulness of the invasion. In terms of the Constitution, the right to privacy can only be limited in accordance with the limitation clause section 36. For each case, courts will have to balance, the government's interest in combating crime and that of the citizen to the privacy of their e-mail communications. In seeking to answer the question, this work considers the protection afforded by the common law and the Constitution. It also considers statutes which limit the right to privacy, including whether these statutes are applicable to e-mail communications and if they are, whether they constitute a justifiable limitation of the right, for example: the Regulation of Interception of Communications and Provision of Communication-Related Information Act and the Criminal Procedure Act - which was enacted when the 'cyber-world' was non-existent. All statutes, applicable to e-mail communications, provide for some form of requirements or guidelines before communications can be intercepted or/ and monitored. The right to privacy is also protected in foreign jurisdictions and is not absolute. There is protection only against unreasonable invasions of privacy. In conclusion, both statutory law and common law permit the government, within limitations, to intercept or/ and monitor private e-mail communications. Where there are guidelines, regulating this power, the circumstance under which and when it can be exercised. This will amount to a reasonable and justifiable limitation and therefore the right will not be violated.
The right to gender equality in the Zulu community : compatibility with the international law relating to cultural rights.
(2005) Mtshali, Gladness Ncamisile.; Mubangizi, John Cantius.
No abstract available.
The international criminal court : is it a deterrent to international crimes?
(2005) Shalan, Raed Ali.; Singh, S.; Reddi, Managay.
The International Criminal Court (hereinafter ICC) is a new permanent international judicial tribunal which plays an important role in combating international crimes and dispensing justice. It was established in 1998 by the international community after much effort and compromise. It is designed to be an independent international body, with the autonomy to determine its budget and control its funding. This study discusses how the ICC acts as a mechanism to create a nexus between international criminal and humanitarian law by prosecuting crimes like genocide, crimes against humanity, war crimes and the crime of aggression, that fall within its jurisdiction. The study seeks to show that the international jurisdiction of the ICC is a potential safeguard against arbitrary national criminal procedures in respect of those who are accused of committing serious international crimes. The ICC's jurisdiction is complementary to that of national courts that are unable or unwilling to investigate and prosecute these crimes. National judicial systems are still required to play a primary role in combating international crimes and it is important that states, organisations and individuals assist the ICC if it is to become an effective deterrent to perpetrators of international crimes. The rationale behind the ICC's establishment is that the international community is under a legal obligation to prosecute violations of international law in either national or international courts. The study also analyses the role of the ICC in balancing the rights of the victims and the rights of the accused by applying the guarantees and safeguards for conducting fair trials set out in the Rome Treaty. In this way, it seeks to show that prosecuting and punishing perpetrators of international crimes is an important contributing factor in the creation of a human rights' culture, while also serving as a deterrent to prospective violators of international human rights and humanitarian law.
Whistleblowing : the other side of the coin
(2009) Easthorpe, Juanita.
No abstract available

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