Browsing Magister Legum - LLM (Criminal Justice and Procedure) by Title
Now showing items 51-70 of 132
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ECOWAS court’s jurisdiction and the argument of sovereignty: an evaluation of an impeachment Debacle in Liberia
(University of the Western Cape, 2023)The need for a just and orderly society is the essence of retributive justice in domestic courts. Globalisation has left an immense mark on the development of both domestic and international laws. Rule of Law was largely ... -
The enforcement of socio-economic rights in the African human rights system : drawing inspiration from the International Covenant on Economic, Social and Cultural Rights and South Africa's evolving jurisprudence
(UWC, 2003)The need to protect human dignity, freedom, and equality paved the way for the development of the concept of human rights, from an idealistic assertion of vague principles to the adoption of the comprehensive international ... -
Enquiry into what frustrates the efficacy of preferential public procurement as a policy tool for black economic empowerment
(University of the Western Cape, 2011)Black Economic Empowerment (BEE) has been a topic of discussion since the dawn of democracy in April 1994. Due to the entrenched inequalities of the past, economic empowerment is very important for the economic growth of ... -
The Ethics and Anti-Corruption Commission of Kenya : a critical study
(University of the Western Cape, 2016) -
Evaluating South Africa's Proposed Withdrawal from the ICC: A Way Forward?
(University of the Western Cape, 2018)Since 2009, the first permanent international criminal court's operation is known to be marked by diplomatic tension between the African Union (AU) and the ICC. A host of African member states have called for African ... -
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 ... -
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 ... -
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 ... -
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 ... -
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 ... -
Exorcising the antiquity spirit of intolerance : possibilities and dilemmas of decriminalizing sodomy laws in Uganda
(UWC, 2007)This dissertation proposes various methods to decriminalize same-sex sexual intercourse as an offense in Uganda. Chapter One introduces the problem of the sodomy laws and how it has recently taken center stage in the ... -
Foreign aid and corruption in Zambia
(University of the Western Cape, 2014)This paper seeks to examine the relationship between foreign aid and corruption in Zambia. Drawing from the analysis of the two, it then explores whether the existing legal instruments are adequate and effective to combat ... -
Grand corruption in Swaziland : a critical analysis of the state's response
(University of the Western Cape., 2011)Corruption has crippled many economies, with developing countries being the hardest hit and the Kingdom of Swaziland being no exception. The government of Swaziland loses millions monthly through corruption and the figure ... -
Has the failure to conduct post-Truth and Reconciliation Commission prosecutions in South Africa contributed to a culture of impunity for economic crimes?
(University of the Western Cape, 2015)The end of Apartheid and the transition to a new constitutional democracy in South Africa was ushered in by the Truth and Reconciliation Commission (TRC). The purpose of the TRC was to promote a dialogue between victims ... -
The hidden truth: A critical examination of Uganda’s transitional justice legal and policy reforms on truth-seeking
(University of Western Cape, 2021)In the past, analyses of Uganda’s Transitional Justice legal and policy measures on truth-seeking have been focussed on evaluating the efficacy of a truth commission. However, being cognizant of the limitations entailed ... -
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 ... -
Human trafficking 2.0 the impact of new technologies
(University of the Western Cape, 2021)Human history is traversed by migration. This manifold global phenomenon has shaped the world to its current state, moving people from one place to another in reaction to the changing world. The autonomous decision to ... -
Hybrid courts and their impact on the development of substantive international criminal law
(University of the Western Cape, 2013)The aim of this study is to scrutinise, in particular, the legal bases of and decisions taken by various hybrid courts with regards to such consolidating or fragmenting effects on substantive international criminal law. ... -
Illegal, unreported, and unregulated fishing : a paradigm shift from a regulatory issue to a transnational organised crime
(University of the Western Cape, 2016)The importance of the fisheries sector to world sustenance is extensive, ranging from being a source of employment and protein for subsistence farmers, particularly in developing countries, to providing social and economic ... -
Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir
(University of the Western Cape, 2011)This paper analyses head of state immunity, a traditional rule of international law, in relation to the indictments by the International Criminal Court (ICC) in 2009 against the current Sudanese President Omar Hassan Ahmad ...