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Prevention of Organized Crime Act 121 of 1998 : a constitutional analysis of section 2,4,5,6, chapter 5 and chapter 6Damon, Peter-John 20 September 2016 (has links)
Since the advent of the new democratic order established under the 1996 Constitution, South Africa has been plagued with many new challenges .One of the facts that our new democratic state could not ignore was the rapid increase in both national and international, organized criminal activity .The South African Legislature realizing the desire to combat serious criminal activities, introduced into South African Law, the Prevention of Organized Crime Act 121 of 1998. The Act recognizes that conventional criminal penalties are inadequate as measures of deterrence when organized crime leaders are able to retain the considerable gains derived from organized crime, even on those occasions when they are brought to justice. It strives to strip sophisticated criminals of the proceeds of their criminal conduct. The Courts, in applying this legislation, has also created a new field of law that had until the advent of the Act, not existed in South African Law, namely organized crime law. A field, distinct from the ordinary principles of criminal law. The bulk of jurisprudence created over the past decade or more, however seems to be threatened to be undone by the recent judgment concerning the constitutionality of certain provisions of the Act. The confirmation of this judgment is being considered by the Constitutional Court and the purpose of this thesis is to argue against the confirmation of this judgment / Public, Constitutional and International Law / LL. M.
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The Constitution of the Republic of South Africa and social development: an exploratory study of the link between the Bill of Rights and social developmentWinter, Wilbur 11 1900 (has links)
Text in English with summaries in English and Afrikaans / Bibliography: leaves 89-108 / Democracy in South Africa came at a price. The apartheid era did not accommodate or
incorporate democratic and constitutional principles. The year 1996 saw a democratic
Constitution being adopted, having been certified by the Constitutional Court. The Bill of
Rights in the Constitution guarantees the rights and freedoms of all South Africans. The
apartheid era ensured that the rights which are enjoyed today were reserved for only a portion
of the South African population. This study emphasises the importance of the Constitution and
the role and responsibility of every citizen to defend it. In defending the Constitution, the rights
and freedoms of all South Africans are defended. The Bill of Rights promotes social
development for all South Africans, as opposed to disparate social development under the
divisive apartheid era. The Constitution is a powerful enabler for democracy and social
cohesion and unity. This study depended on secondary sources which are vital to keeping
historical facts alive and truthful. Desktop research is qualitative and, while less expensive,
produces acceptable results and findings. / Demokrasie in Suid-Afrika het met 'n prys gekom. Die apartheidsera het nie demokratiese en
grondwetlike beginsels geakkommodeer of opgeneem nie. In 1996 word 'n demokratiese
Grondwet aanvaar, wat deur die Grondwet Hof gesertifiseer was. Die Handves van Menseregte
in die Grondwet waarborg die regte en vryhede van alle Suid-Afrikaners. Die apartheidsera het
verseker dat die regte wat vandag geniet word, slegs vir 'n gedeelte van die Suid-Afrikaanse
bevolking gereserveer is. Hierdie studie beklemtoon die belangrikheid van die Grondwet en
die rol en verantwoordelikheid van elke burger om dit te verdedig. Deur die Grondwet te
verdedig word die regte en vryhede van alle Suid-Afrikaners verdedig. Die Handves van
Menseregte bevorder sosiale ontwikkeling vir alle Suid-Afrikaners, in teenstelling met
uiteenlopende sosiale ontwikkeling onder die verdelende apartheidsera. Die Grondwet is 'n
kragtige instaatsteller vir demokrasie, sosiale samehorigheid en eenheid. Hierdie studie was
afhanklik van sekondêre bronne wat noodsaaklik is om historiese feite lewendig en waaragtig
te hou. Desktop-navorsing (boek) is kwalitatief en hoewel dit goedkoper is, lewer dit
aanvaarbare resultate en bevindings op. / Development Studies / M.A. (Development Studies)
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The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996Tyabazayo, Phumlani 11 1900 (has links)
The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution. / Private Law / LL.M.
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A selection of constitutional perspectives on human kidney salesVenter, Bonnie 13 November 2012 (has links)
There are thousands of desperate people globally who need a kidney for
transplantation. The number of people who require a kidney transplant continues to
escalate faster than the number of kidneys available for a transplant. The aim of this
dissertation is to examine and analyse the judicial framework pertaining to kidney
transplants in South Africa. The examination is conducted within the framework of the
South African Constitution and the National Health Act 61 of 2003. The specific focus of
this dissertation is to determine whether the payment of kidney donors could be
regarded as constitutionally acceptable. A comparative study is undertaken, with
Singapore and Iran as a background against which recommendations for the South
African regulatory framework are made. The most important finding is that people should
at least be granted the choice whether they would prefer to receive payment for their
kidney donations or not. / Jurisprudence / LL.M.
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The protection of water during armed conflictGernandt, Leon 11 1900 (has links)
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict.
Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International & Indigenous Law / LL.M. (Public International Law)
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The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996Tyabazayo, Phumlani 11 1900 (has links)
The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution. / Private Law / LL.M.
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The protection of water during armed conflictGernandt, Leon 11 1900 (has links)
Water has been used for military purposes in the past and still continues today, i.e. poisoning of enemy water, attacking enemy water installations, etc. This conduct denies access to water, affects the supply of water, health, supply of electricity, etc. Public international law, such as treaties (e.g. The 1949 Geneva Conventions), customary international law, etc, regulate the protection of water during armed conflict.
Chapter I of the dissertation analizes the public international law ire the abovementioned. The application of public inteniational law, depends on the municipal law of the state concerned. This municipal law is, in the case of South Africa, found in the 1996 Constitution. The 1996 Constitution contains specific provisions regarding inter alia the legal obligations of the South African security services, the legal status of international agreements, as well as the application of customary international law and international law. Chapter II of the dissertation analizes the abovementioned wrt the legal obligations of the SA National Defence Force ire the subject matter. / Constitutional, International and Indigenous Law / LL.M. (Public International Law)
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The harmonisation of good faith and ubuntu in the South African common law of contractDu Plessis, Hanri Magdalena 12 February 2018 (has links)
The legal historical development of fairness in the South African common law of contract is investigated in the context of the political, social and economic developments of the last four centuries. It emerges that the common law of contract is still dominated by the ideologies of individualism and economic liberalism which were imported from English law during the nineteenth century. Together with the theories of legal positivism and formalism which are closely related to parliamentary sovereignty and the classical rule of law, these ideals were transposed into the common law of contract through the classical model of contract law which emphasises freedom and sanctity of contract and promotes legal certainty. This approach resulted in the negation of the court’s equitable discretion and the limitation of good faith which sustain the social and economic inequalities that were created under colonialism and exacerbated under apartheid rule. In stark contrast, the modern human rights culture grounded in human dignity and aimed at the promotion of substantive equality led to the introduction of modern contract theory in other parts of the world. The introduction of the Constitution as grounded in human dignity and aimed at the achievement of substantive equality has resulted in a sophisticated jurisprudence on human dignity that reflects a harmonisation between its Western conception as based on Kantian dignity and ubuntu which provides an African understanding thereof. In this respect, ubuntu plays an important role in infusing the common law of contract with African values and in promoting substantive equality between contracting parties in line with modern contract theory. It is submitted that this approach to human dignity should result in the development of good faith into a substantive rule of the common law of contract which can be used to set aside an unfair contract term or the unfair enforcement thereof. / Private Law / LL. D.
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A selection of constitutional perspectives on human kidney salesVenter, Bonnie 13 November 2012 (has links)
There are thousands of desperate people globally who need a kidney for
transplantation. The number of people who require a kidney transplant continues to
escalate faster than the number of kidneys available for a transplant. The aim of this
dissertation is to examine and analyse the judicial framework pertaining to kidney
transplants in South Africa. The examination is conducted within the framework of the
South African Constitution and the National Health Act 61 of 2003. The specific focus of
this dissertation is to determine whether the payment of kidney donors could be
regarded as constitutionally acceptable. A comparative study is undertaken, with
Singapore and Iran as a background against which recommendations for the South
African regulatory framework are made. The most important finding is that people should
at least be granted the choice whether they would prefer to receive payment for their
kidney donations or not. / Jurisprudence / LL.M.
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Affirmative action: a comparative studyDeane, Tameshnie 30 November 2005 (has links)
Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed / Jurisprudence / LLD
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