Magister Legum - LLM (Criminal Justice and Procedure): Recent submissions
Now showing items 41-60 of 130
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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 ... -
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 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 ... -
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 ... -
Impact of Cleint Record Keeping on the Legal Profession in South Africa
(University of the Western Cape, 2017)The combating of money laundering has become crucial since it has escalated from a domestic to an international problem and vice versa. South Africa, in an attempt to combat money laundering has enacted anti-money laundering ... -
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 ... -
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 ... -
The international crimes division of Uganda: Complementry in practice
(University of the Western Cape, 2017)In previous centuries, millions of women, men and children were victims of inconceivable atrocities that deeply shocked the scruples of mankind. Regrettably, such crimes often went unpunished in the past. Several people ...