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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Recovering the Proceeds of Corruption: Why Kenya Should Foreground Civil Forfeiture
(University of the Western Cape, 2012)Today corruption is a major concern for most countries.1 Civil forfeiture of the proceeds of corruption has been embraced as a key strategy by many states in recovering public funds lost through corruption.2 It may be ... -
Revisiting the definition of a firearm in South Africa: a need for reform?
(University of the Western Cape, 2020)South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that have the same lethal effects as a firearm. This is informed by the various principles that have been developed by the courts in ... -
An analysis of the Zimbabwean money laundering and proceeds of crime amendment act of 2018
(University of Western Cape, 2020)Financial crimes are transnational in nature, and no country is immune from them. They are an international problem that can best be solved through international cooperation on a global scale. It is therefore necessary to ... -
An Analysis of the Critical Shortcomings in South Africa’s Anti-Money Laundering Legislation
(University of the Western Cape, 2017)From failing to arrest and surrender Sudanese President Omar Al-Bashir1 in accordance with its obligations under the Rome Statute of the International Criminal Court2 (Rome Statute), to its President acting inconsistently ... -
The impact of armed conflict on child education in the Democratic Republic of Congo
(University of the Western Cape, 2020)This study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the ... -
The wealth declaration system in Kenya: a Critical study
(University of the Western Cape, 2020)The culture of corruption is rooted deeply in Kenya. It may be described as an incurable infectious disease.1 Kenya has been ranked as one of the most corrupt countries in the world. For the last three years, Kenya has ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)The world is composed of people who come from different walks of life and they practice various traditions that are informed by their way of life. In South Africa we have a cultural practice of ukuthwala which is my main ... -
Should South Africa criminalise ukuthwala leading to child and forced marriages?
(University of the Western Cape, 2020)Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by ... -
A critical assessment of the constitutionality of section 79(7) of the Correctional Services Act 111 of 1998, with specific reference to the proviso
(University of Western Cape, 2019)In recent years the issue of medical parole has become a controversial issue in South Africa. Prior to 2012, at which juncture the law governing the release of inmates on grounds of terminal illness was amended, there ... -
Reporting obligations: A challenge for South African lawyers.
(University of Western Cape, 2019)“Threats to the independence of the legal profession have become a preoccupation for bar leaders, regulators and academics, driven by the dual pressures of globalization and the changing business structure of the ... -
The legal effects of payment of an admission of Guilt fine in South Africa
(University of Western Cape, 2019)A person should at all times try to avoid the blemish of a previous conviction and a criminal record entered against his name. A criminal record entered against his name could have detrimental consequences for an individual. ... -
An analysis of the South African legislative framework for the reintegration of sentenced adult male offenders.
(University of the Western Cape, 2019)South Africa has one of the highest crime rates in the world. The state aims to reduce the prevalence of crime mainly by sentencing offenders to imprisonment. In turn the goal of imprisonment is to rehabilitate offenders ... -
An assessment of assets declaration by public officers as an anti-corruption measure in Nigeria
(University of the Western Cape, 2019)Although corruption is a global problem, its nature, extent and consequences in Nigeria are alarming. Nigeria has a plethora of laws, policies and institutions that have been put in place by the government to keep corruption ... -
The role of anti-corruption laws and institutions in curbing illicit financial flows from Kenya study
(University of the Western Cape, 2018)The concept of the illicit movement of money aimed at concealing illegal activities and evading taxes is not new. However, the global community first used the term “illicit financial flows” (IFFs) in the 1990s and ... -
A critical evaluation of the Zimbabwe Anti-Corruption Commission
(University of the Western Cape, 2019)Corruption generally is regarded as one of the most serious obstacles to development. It is endemic in many African countries and is being blamed increasingly for weak economic growth, high socio-economic inequalities ... -
A critical examination of the law relating to cyber-crime in Uganda
(University of the Western Cape, 2019)Over the last two decades, the world has evolved to an e-era, wherein internet and other digital technologies have become key platforms for the world population, including Ugandans, to enjoy their rights of expression, ... -
A critical assessment of the Ethiopian civil forfeiture law
(University of the Western Cape, 2019)Economic crimes pose a serious problem to the international community as a whole. Crimes, such as corruption, money laundering, terrorist financing, cybercrime and drug trafficking constitute obstacles to the development ... -
Evaluating the legal framework of the hybrid court for South Sudan
(University of the Western Cape, 2019)The Republic of South Sudan became independent from the Republic of Sudan on 9 July 2011. South Sudan has an area of 644, 329 km2 and a total estimated population of around 12, 6 million.1The original state of Sudan was ... -
Recruitment and use of juvenile pirates as crimes against humanity
(University of the Western Cape, 2018)Piracy attacks off the coast of the Horn of Africa have been on the rise in the recent years. According to a report by Ocean without Borders, although no vessels were hijacked by pirates off the coast of Somalia in 2017, ... -
Examining the effectiveness of the Malawian Financial Intelligence Authority in the fight against money laundering
(University of the Western Cape, 2018)Money laundering (hereafter ML) is a multidisciplinary topic which has become important since the late 1980s. The term ‘laundering’ literally means ‘washing’ or ‘removing dirt’. It has been defined as the conversion of ...
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