This study has investigated the emergence of an international criminal justice order from its inception to its current status. It has investigated the emergence of an international criminal justice order by referring to: (1) the early attempts by nations to control the waging of war; (2) the influence and impact of the Nuremberg and Tokyo International Criminal Tribunals; (3) the emergence and rooting of international human rights and humanitarian law in coexistence with international criminal law, particularly since the adoption of the 1949 Geneva Conventions; (4) the influence and impact of the international criminal ad hoc tribunals for the former Yugoslavia and Rwanda; (5) recent attempts by states to exercise universal jurisdiction such as in the Pinochet and Congo cases; (6) the establishment of the International Criminal Court and numerous aspects of international criminal law that have been established by the Rome Treaty creating the Court; (7) the obstacles that are faced by the court; (8) other transitional justice mechanisms in an ongoing attempt to provide accountability and redress where serious infringements of international human rights and humanitarian law have occurred; and (9) a South African perspective of the past and current status of international law in domestic law. It has established that although the sovereignty and equality of states remains a cornerstone of international law, inroads have been made into the doctrine of absolute state sovereignty to the extent that it is now universally recognised that certain crimes are so reprehensible in their nature, that they warrant prosecution wherever they are committed, no matter by whom they are committed. It has further established that international criminal law and justice did not evolve overnight and most of its current status is ascribable to unfortunate and indescribable human suffering. It has provided a historical perspective of the early attempts to regulate the waging of war, and showed the impact of the International Military Tribunal at Nuremberg and Tokyo, most significantly establishing individual accountability as opposed to only state accountability. The latter development led to an introduction, resurgence and development of human rights and particularly humanitarian law subsequent to World War II, to the extent that the destiny of international criminal law is unavoidably interwoven with the former two branches of international law. It proceeded to record and demonstrate the impact on international law generally and international criminal law in particular, with the establishment of the ICTY and the ICTR. It has demonstrated that the establishment of these two ad hoc tribunals provided impetus to renewed calls for the establishment of a permanent International Criminal Court and has greatly contributed to the recording and further development of international criminal law. Lastly, it has provided much impetus for states to exercise universal jurisdiction over prosecution of core crimes. The latter impetus provided the background to a chapter in this work indicating positive steps by states to exercise universal jurisdiction. It proceeded to provide the historical background for the eventual establishment of the International Criminal Court and concurrently demonstrated its impact on the development of an international order of justice. The research provided a brief analysis of transitional justice models in recent times, contributing to an analysis of what lessons may be learned from these attempts of various transitional societies. It then proceeded to provide a South African perspective, particularly the evolution of the status of international law in South African domestic law. The thesis concluded that the need for a consistent international criminal justice order is validated and although the international community is continually shocked by ongoing atrocities around the globe, significant progress has been made in recent decades to extend the international rule of law.

This doctoral thesis examines the different forms of procedural communication available to the Swedish courts. The choice traditionally stood between oral and written procedure. Today the procedure in the general courts is dominated by the principle of orality, while in the administrative courts, procedure chiefly takes the written form. This being said, the types of communication procedures used in courts today are constantly changing, the reason being, in part, the advent and advancement of new communication tools such as telephone, video and the internet. The cardinal aspiration for this doctoral thesis has been to prepare a generous substructure that will allow an assessment of how the principles that constitute the foundation for the choice of a form of procedural communication stand up against the arrival of new conditions. In attaining this goal the thesis takes stock of, structure, and evaluate the current knowledge of the regulation of the forms of procedural communication and the arguments that have been put forward regarding its design and application. The chosen method is a rhetorical-topical audit of the arguments provided by the legislative community. In addition it examines the relationship between these arguments and the activities of the courts and includes a comparative analysis of the current and historic conditions of the procedural communication forms. In the thesis nine different principle topoi (argument sources) for the analysed argumentation are identified and discussed: The Purpose of the Proceedings, Security, Speed, Cost-effectiveness, the European Convention on Human Rights and Fundamental Freedoms, the Decision-making, the Parties, Publicity and the Rules and Regulations.

In the last decade the use of closed-circuit television or similar electronic devices (CCTV) has started to play a significant role in courtrooms, both as a silent witness and as a device through which to receive testimony. The benefits of optimising the use of CCTV for receiving testimony are numerous. This paper focusses on two, namely easier access to justice through criminal courts, and bridging the gap between the protective measures created by legislation with regard to vulnerable witnesses and the effective implementation of said measures. The requirements for using CCTV to receive testimony, if interpreted in a reasonable way, does not limit the type of device or facility to be used. It merely stipulates that the facilities at a remote point be overseen by a designated official, and that the device to be used must allow all parties, both at the court point and at the remote point, to hear and see the other parties, and to be able to follow the proceedings. In recent years technology has advanced to such an extent that audio-visual capable devices are readily available. It is proposed that if the above interpretation is followed, the facilities through which testimony can be given by means of CCTV need not be stationary, it can travel to where it is needed thereby making courts more accessible, and alleviating trauma with regards to vulnerable witnesses who can testify at a designated buildings and no longer needs to go to court, a place designed to be intimidating. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Procedural Law / LLM / Unrestricted

Die navorsingstuk ondersoek die interpretasie van die Grondwet deur regsprekende, met aandag op die Handves van Menseregte,2 asook ander wetgwing. Klem gaan veral geplaas word op die regsprekende gesag se algemene magte, verpligtinge en die rol wat hul speel in ‘n demokratiese staat. Verder in die navorsingstuk word die invloed wat hul oortuigings en beginsels het op hul uitsprake ondersoek om vas te stel tot watter mate onpartydigheid en onafhanklikheid gewaarborg kan word. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Procedural Law / LLM / Unrestricted

This dissertation is comparative study of plea bargaining in South Africa and England. It covers when plea bargaining was embraced in the South African criminal justice system. Plea bargaining defines the act of negotiating and concluding contracts in the context of criminal proceedings. Usually the prosecutor and the accused agree that, the accused will plead guilty to the charge brought against him in return for a concession from the prosecution. The agreement is not restricted to the subject matter submitted. Agreements can include charges that are not prosecuted or reduced, particular terms of penalty, probation requirements, and much more. The vast majority of criminal instances are resolved through negotiation in many nations. Plea bargaining infringes the notion of a standard trial and thus conflicts with well-known basic principles of criminal proceedings. In addition, negotiation before criminal trials heavily involves both the accused and the public interest's constitutionally guaranteed rights. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Procedural Law / LLM / Restricted

The work deals with shortcomings in the South African Criminal Law in respect of how to addresses cyberbullying crime. The report focus on how American Legislation deals with cyberbullying as compared to South African Legal framework. The work critically analyses the the South African legislation dealing with cyberbulying as a criminal offence. / Dissertation (LLM)--Universtity of Pretoria, 2019. / None / Procedural Law / LLM / Unrestricted

<p>The purpose of this paper is to explore what objects that can be seized and how the management of a seizure should be conducted. Ability to take enforcement against an individual should be carefully weighed against the rights and freedoms that exist. Seizure is one of the various restraints that exist, and the regulation on which they appear is mainly in the Code of Judicial Procedure, Chapter 27^th. To be able to apply coercive measures, it is fundamental prerequisite that a criminal investigation is initiated, but there exist some significant exceptions to this. There are also rules about who has the right to provide for the seizure, the decision can be taken by a prosecutor, an investigator, a police officer or, in special cases, the court. The purpose of a seizure is mainly to secure the subject of a criminal investigation, to secure objects that have been arrogated or to secure future forfeiture. Therefore it is only possible to seize objects that are relevant to a criminal investigation, and it is only movable property such as written documents or electronic objects that can be seized. Items that have been seized should be handled in accordance with the laws that exist. A protocol shall be established and supervision shall be exercised over the seizure and a seizure should end when it is no longer relevant to the criminal investigation. The regulation has recently changed and that created new improved opportunities, but despite that, the area is complex and constantly evolving technology makes it difficult.</p>

No description available.

No description available.

Magister Legum - LLM / 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 national budget is lost to corruption annually. In recent years, Tanzania experienced grand corruption scandals which involved senior public officials and high political leaders. Between 2005 and 2006, 22 companies stole 133 billion Tanzanian shillings, the equivalent of$96 million, from the External Payment Arrears Account facility at the Central Bank of Tanzania. The discovery of this theft led to the investigation and prosecution of a number of perpetrators, including big businessmen and senior officers of the Central Bank of Tanzania. However, hitherto no assets have been traced and recovered from the offenders, save a handful of money which was paid back by a few perpetrators on condition that they would not be prosecuted. Furthermore, in 2008 a government minister by the name of Andrew Chenge was forced to resign after he allegedly was implicated in taking a bribe of $1 million from the British company, BAE Systems, in relation to a $40 million radar deal. Sources disclosed that Chenge deposited the alleged bribe money in one of his offshore accounts, but this money has not been recovered by the state. In response to the corruption problem, Tanzania enacted various anti-corruption laws. These laws include the Anti-Money Laundering Act (2006), the Prevention and Combating of Corruption Act (2007), the Proceeds of Crime Act (1991) and the National Prosecutions Service Act (2007). These laws contain provisions for the confiscation of proceeds of crime as one means of combating economic crimes. However, grand corruption persists in the country and only a few stolen assets have been confiscated to date. It is on this account that this study is exploring confiscation procedures in Tanzania.