Magister Legum - LLM (Criminal Justice and Procedure): Recent submissions
Now showing items 81-100 of 130
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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 ... -
Accountability for ISIS atrocities : is the International Criminal Court a viable prosecutorial option?
(University of the Western Cape, 2016)The Islamic State of Iraq and the Levant is a jihadist militant group. The members of this militant group have committed criminal acts of unspeakable cruelty. These staggering criminal conducts are documented by the United ... -
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 ... -
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 ... -
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 ... -
Towards an African International Criminal Court? – assessing the extension of the jurisdiction of the African Court of Justice and Human Rights to cover international crimes
(University of the Western Cape., 2011)Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key ... -
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 ... -
Analysis of political corruption trends in transitional states
(University of the Western Cape., 2011) -
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 ... -
The legality of the 2015 demarcation proposals by the Minister of Cooperative Governance to the Municipal Demarcation Board
(University of the Western Cape, 2015) -
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 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 ... -
Access to HIV treatment for refugees : case study of South Africa and Uganda
(University of the Western Cape, 2015) -
The need for a comprehensive international convention on crimes against humanity
(University of the Western Cape, 2015)In the field of international law three core crimes generally make up the jurisdiction of international criminal tribunals: war crimes; genocide; and crimes against humanity. Only two of these crimes (war crimes and genocide) ... -
Politically exposed persons and economic criminality : the case of Tanzania
(University of the Western Cape, 2015)It is estimated that each year between $20 billion and $40 billion are lost from the economies of developing countries as a result of political corruption. In Africa, corrupt practices, mostly by government officials, have ... -
A critical appraisal of the current anti-money Laundering laws of Malawi with specific focus on trusts
(University of the Western Cape, 2015) -
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 ... -
An Analysis of the Anti-corruption Division of the High Court of Uganda
(University of the Western Cape, 2015) -
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 ... -
Domestic prosecution of international crimes in Kenya : a critical analysis
(University of the Western Cape, 2015)