Browsing Magister Legum - LLM (Criminal Justice and Procedure) by Title
Now showing items 15-34 of 132
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An analysis of the South African legal framework applicable to the arrest and detention of immigrants due to their illegal status
(University of the Western Cape, 2022)The word ‘immigration’ is derived from the word ‘immigrant’ and denotes the act of a foreign national person entering a country to attain permanent residence.1 The correlative term ‘emigration’ denotes the act of such ... -
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 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 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 ... -
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 ... -
The balancing of competing rights : the right to disclosure at the International Criminal Court
(University of the Western Cape, 2015)It is trite law that an accused person has the right to have adequate time and facilities to prepare his defence. This is one of the fundamental ingredients for a fair trial well-established in both domestic and international ... -
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 ... -
The Boko Haram violence from the perspective of International criminal law
(University of the Western Cape, 2015)This paper will explore the history of the outbreak of religious related violence in Nigeria and the response of Nigeria and the African Union to the acts of the Boko Haram group both legally and procedurally. The intervention ... -
A case for civil forfeiture in Ethiopia
(University of the Western Cape, 2014)This research paper aims to clarify and argue the need for Ethiopia to include civil forfeiture in its assets forfeiture legal framework. It will analyse the existing domestic assets forfeiture laws and international ... -
Challenges combating money laundering in the real estate sector in South Africa
(University of the Western Cape, 2021)South Africa’s main anti-money laundering legislation consists of 2 pieces of legislation, namely: The Financial Intelligence Centre Act (FICA)1 and the Prevention of Organised Crime Act (POCA).2 Money Laundering is often ... -
Children's experiences and views on domestic violence
(University of the Western Cape, 2012)In a country in which human rights feature prominently in our discourse about who we are, as well as in the South African constitutional and legal framework, so many wrongs continue to be perpetrated on women and children. ... -
Civil recovery of corruptly acquired assets in Uganda
(University of the Western Cape, 2014) -
The competence of the International Criminal Court with regard to witnesses.
(University of the Western Cape, 2014)This research paper examines whether the International Criminal Court has the competence to compel the appearance of witnesses before it, and if the States Parties to the Rome Statute have an obligation to serve and enforce ... -
Conceptualising homophobic rape against homosexual women as a hate crime
(University of the Western Cape, 2023)Hate crimes target persons belonging to a specific group, and they are the most extreme type of bigotry, becoming more common as society and politics shift. Members of minority communities can be devalued in public and ... -
Conspiracy to commit genocide as understood through jurisprudence of the international criminal tribunal for Rwanda
(University of the Western Cape, 2009)ln 1995, following the atrocious crimes committed in Rwanda, the United Nations Security Council, with Resolution 955, established the international Criminal Tribunal for Rwanda (ICTR) in an effort to hold the alleged ... -
Constitutional legitimacy of the Islamic law of compulsory succession within the South African context
(University of the Western Cape, 2023)The Constitutional legitimacy of the Islamic Law of compulsory succession remains a heavily contested issue since the enactment of the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution). South ... -
The constitutional protection of suspects in criminal cases
(University of the Western Cape, 2023)In South Africa, the state has a constitutional duty to protect its citizens. If the criminal justice system fails to achieve this objective, then its credibility is at risk and the citizens’ rights will be negated. The ... -
Corporate criminal responsibility under the Malabo Protocol: A step forward?
(University of the Western Cape, 2018)Traditionally, domestic criminal law was focused on individual guilt as can be seen from the principles of punishment, which are closely linked to blameworthiness and the infliction of loss or punishment to the offender. ... -
Corruption as a crime within the jurisdiction of the International Criminal Court?
(University of the Western Cape, 2013)This research paper will examine whether the ICC should de lege ferenda be accorded jurisdiction in respect of the crime of corruption. Through this approach, the paper will contribute to the existing literature on ... -
Criminalising possession of unexplained wealth by public officials: legal perspectives from Zambia
(University of the Western Cape, 2014)This paper attempts a comprehensive analysis of the offence of illicit enrichment in Zambia. It focuses on how the offence fits into the broader legislative framework in Zambia. More importantly, the paper addresses aspects ...