Browsing Magister Legum - LLM (Criminal Justice and Procedure) by Title
Now showing items 102-121 of 132
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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 ... -
The right to education of children with disabilities in Ethiopia
(University of the Western Cape, 2013)This study seeks to assess the extent to which national laws ensure that CWDs are accessing the right to education on an equal basis with non-disabled children. The study also seeks to assess the policy, legislative and ... -
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 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 ... -
The role of citizens in the fight against corruption in Kenya
(University of the Western Cape, 2022)Corruption in Kenya is so endemic that there is hardly any stigma attached to it. Despite the numerous institutional and legislative anti-corruption interventions, corruption still has a firm grip upon Kenya. The effects ... -
The role of procedural laws in asset recovery: a roadmap for Tanzania research
(University of the Western Cape, 2014)Corruption is rampant in Tanzania. It is one of the major obstacles to the economic growth and sustainability of the country. The country loses a huge amount of money through corrupt practices. It is estimated that 20% of ... -
The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa
(University of the Western Cape, 2018)South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that ... -
Rwanda’s responses to money laundering
(University of the Western Cape, 2014)In 20 the years after the genocide that afflicted Rwanda, the country has made considerable progress towards developing human resources in the public sector. It has kick-started its economy and improved sectors such as ... -
Scrutinising the modes of responsibility under the Rome statute : settling the dust
(University of the Western Cape, 2015)Under international criminal law (ICL), there are factual and legal intricacies. Of these intricacies, the issues concerning the modes of responsibility, which are enshrined under Article 25(3) of the ICC Statute, have ... -
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 ... -
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 ... -
‘Social truth’ as an approach to transitional justice in gacaca courts in post- genocide Rwanda
(University of Western Cape, 2021)This mini-thesis makes a claim that when Rwanda established the rule of Gacaca court system as a communal mechanism of transitional justice in the aftermath of the 1994 genocide, it accordingly enabled space for the ‘social ... -
South Africa's policy and legal framework pertaining to sustainable energy generation and use : a critical appraisal
(University of the Western Cape, 2012)The methods of energy use and production in South Africa are currently unsustainable, and have dire environmental and health impacts. This is largely due to fossil fuel based energy generation and use. Currently 89% of ... -
The South African legislative response to cybercrime
(University of the Western Cape, 2021)As the world moves into a hyper-connected global society with near universal access to the internet, cybercrime has become a global challenge. The problems embedded in the issue of cybercrime are at least twofold. Firstly, ... -
South-African german centre transnational criminal justice and crime prevention: An international and African perspective
(University of the Western Cape, 2017)Corruption is a global problem, which poses a serious threat to the development of countries and their people. Although its impact varies, all nations are facing the evils of corruption and, therefore, the international ... -
Statelessness as a failure of international law: a critical analysis of the effects of statelessness on gender rights
(University of the Western Cape, 2019)Statelessness is a global human rights problem affecting a vast number of individuals, families and communities worldwide. The concept of statelessness comes to existence as a conflict that was created by international ... -
The Challenges Faced By Truth Commissions as a Result of the Selection and Appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The Challenges faced by Truth Commissions as a result of the selection and appointment of Truth Commissioners
(University of the Western Cape, 2017)As states continue to rapidly transition from conflict or autocracy to democracy, there has been need to address past gross human rights violations. To address these past egregious violations, transitioning countries often ... -
The fragmented approach to confiscating dirty assets in Botswana
(University of the Western Cape, 2018)In the early 1990s Botswana faced rising levels of grand corruption and economic crimes in general. The laws could not cope with the high incidence of economic criminality, especially as regards the confiscation of dirty ... -
The Immunity Clause in the Statute of the 'African Criminal Court' and Its Impact in the Exercise of the Courts' Jurisdiction over the Crimes
(University of the Western Cape, 2017)In June 2014, the AU adopted a Protocol which included in its annexe a Statute of the African Court of Justice and Human and Peoples' Rights. The Protocol proposes to expand the jurisdiction of the African Court of Justice ...