Department of Criminal Justice and Procedure
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The Department of Criminal Justice And Procedure offers a select menu of highly sought-after elective courses in criminal law, child justice, conveyancing, legal process, and comparative criminal justice. The Department also conducts and publishes internationally recognised research in these subject areas.
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Recent Submissions
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Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)
(University of the Western Cape, 2017)The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, ... -
An Assessment of Ghana's Legal and Institutional Anti-Money Laundering Framework
(University of the Western Cape, 2017)The primary aim of an individual who engages in criminal activity, particularly at an organised level, is to make profit. However, criminals are not merely bent on gaining financial profit, but are especially desirous ... -
Namibia's implementation of the financial action task force's international standards on combating the financing of terrorism
(University of the Western Cape, 2017)Terrorism has become one of the biggest threats to international peace and security. It threatens to destroy basic human rights and freedoms, particularly the rights to life, liberty, security, and in more recent times, ... -
An assessment of anti-money laundering mechanisms for politically exposed persons in Mauritius
(University of the Western Cape, 2017)Money laundering is a practice 'as old as money itself'. In 1931, after the conviction of Al Capone for tax evasion, there was a noticeable trend in the use various methods to camouflage assets deriving from crimes. Indeed, ... -
Mobile Money Payments as Vehicles for Money Laundering: A Case Study of Malawi
(University of the Western Cape, 2016)Money laundering is defined as the process of converting the proceeds derived from a wide range of underlying criminal offences, called predicate offences, to apparently legitimate property. In other words, it is the process ... -
An analysis of the critical shortcomings in South Africa's anti-money laundering legislation
(University of the Western Cape, 2016) -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016) -
Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?
(University of the Western Cape, 2016)Sitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international ... -
An evaluation of the benefit of plea and sentence agreements to an unrepresented accused
(University of the Western Cape, 2016)Section 105A of the Criminal Procedure Act is unconstitutional with regard to its failure to extend benefits to an unrepresented accused. Unlike a represented accused, an unrepresented accused cannot benefit from section ... -
Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
(University of the Western Cape, 2016)The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United ... -
Illegal, unreported, and unregulated fishing : a paradigm shift from a regulatory issue to a transnational organised crime
(University of the Western Cape, 2016) -
An evaluation of the effectiveness of the transitional justice process in Kenya since the 2007-2008 post-election conflict
(University of the Western Cape, 2016)The concept of transitional justice keeps changing as the concept of conflict changes. The paper analyses the transitional justice process in Kenya after the 2007-2008 Post-Election Violence. Very little has been written ... -
Assets declarations by public officers in Zimbabwe as an anti-corruption tool
(University of the Western Cape, 2016)Zimbabwe is regarded as one of the most corrupt countries on the African continent. The absence of an assets declaration regime in Zimbabwe has made it difficult to hold accountable public officers implicated in corruption ... -
Towards an African International Criminal Court? – assessing the extension of the jurisdiction of the African Court of Justice and Human Rights to cover international crimes
(University of the Western Cape., 2011)Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key ... -
Grand corruption in Swaziland : a critical analysis of the state's response
(University of the Western Cape., 2011) -
Analysis of political corruption trends in transitional states
(University of the Western Cape., 2011) -
The historical path of the crime of aggression and the first ICC review conference
(University of the Western Cape., 2011)Objective of the study – The primary goal of this research study was to investigate and document the evolution and historical development of the crime of aggression. Design / methodology / approach – The research study ... -
The legality of the 2015 demarcation proposals by the Minister of Cooperative Governance to the Municipal Demarcation Board
(University of the Western Cape, 2015) -
The right to remain married : positioning homosexual-transsexual marriages under the South African Marriage Act 25 of 1961
(University of the Western Cape., 2015)For many, the human rights which South Africa has been able to secure for LGBTI (lesbian, gay, bisexual, transgender and intersex) people has been very progressive. However, with the conflation of sexual orientation and ... -
The Boko Haram insurgency and the child's right to education in Nigeria
(University of the Western Cape, 2016)Armed conflict impacts negatively on the child's right to education as the targeted attacks on schools, school children, teachers and school facilities can cause a drop in school enrolment and attendance as well as longer ...
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