This empirical study aims to explore the treatment model of substance-induced psychotic offenders at Valkenberg psychiatric hospital in the Western Cape. A large obstacle in terms of treatment for this population is the high rate of substance abuse further complicated by the rise of tik use in poorer rural areas in the Western Cape. The increase in comorbid substance use and mental illness burdens the already overcrowded mental health care system. Research indicates that there is no singular treatment model that can be used to treat the comorbid population. Previous work has failed to address what treatment should be used for substance-induced mentally disorders. The research is motivated to explore how Valkenberg overcomes the obstacle of substance abuse along with lack of resource allocation in their treatment of state patients. This study was a qualitative study conducted with six staff members at Valkenberg hospital who participated in open-ended interviews regarding the hospital’s treatment model. The research found that in order to improve the treatment for substance-induced psychotic offenders there needs to be an overall decrease in substance abuse throughout South Africa along with an increase in resource allocation for the mental health sector.

Includes abstract. / Includes bibliographical references. / European and North American jurisprudence imbued the concepts of fair trial and access to justice in Western culture. The United Nations later proclaimed these foreign principles 'universal human rights', seemingly oblivious of the marginal role played by African states during conceptualisation. African governments, mindful of their minimal contribution to the content of individual rights, however, introduced communal rights and duties in the African Charter on Human and Peoples' Rights. This was the situation internationally, and in the region of Africa. On the domestic scene, South Africa ratified both international and African human rights conventions; hence, its Constitution incorporated the rights of access to justice, fair trial, equality and culture. These rights, however, create conflict during dispute resolution. This is evident with the country's multiple legal systems, allowing urban and rural litigants to engage in forum shopping, by approaching formal courts or traditional tribunals in civil and criminal contexts. In the formal courts, rural litigants (especially women, as lower income earners) encounter exorbitantly high costs of litigation, long travel distances to court, alien laws and procedures and, all too often, a foreign language in court, making these forums inaccessible. Conversely, traditional trubunals guarantee easier access to justice because they provide affordable and comprehensible procedures, and are usually located in close proximity to parties. African tribunals, however, hinder equal standards between men and women during conflict resolution, by violating the right to gender equality — a right implicit in fair trial. Usually, traditional judicial officers accept women as complainants, witnesses or accused persons, but rarely encourage or recognise the female demographic as participants in a judicial capacity (in some cases they do not even permit them to attend judicial proceedings). In spite of these shortcomings, traditional methods advance flexible, communal and harmonious procedures, in accordance with the African culture. While these characteristics of traditional tribunals gurantee the protection of cultural equality, human rights activists are fixated with the argument that these African structures discriminate against women, and often ignore their benefits. More importantly, the proponents of human rights fail to investigate the inequalities that plague the formal justice system. Well aware of the limited research in both regards, this thesis conducts a broad critique of the South African justice system, comparing the formal with the traditional. Based on its findings, the study argues in favour of traditional tribunals, which guarantee cultural rights as well as access to justice for poorer litigants.

Given the high incidence of sexual offences in South Africa, effective implementation of legislation aimed at assisting and alleviating the plight of survivors is paramount.1 In February 2020, the Regulation Relating to Sexual Offences Courts (the Regulation) was promulgated. The Regulation provides for the creation of Sexual Offences Courts (SOC) as well as the specialist facilities and services which must be present, there are currently 106 designated courts in South Africa. If properly implemented, the Regulation has far-reaching potential to assist survivors, increase convictions and alter society's perceptions of these offences.2 Monitoring the implementation of the Regulation in Sexual Offences Courts to hold the government accountable and ensure these objects are achieved is of the utmost importance. This pilot study, which was part of an existing project being conducted by a coalition known as Shukumisa, aimed to determine whether an online tool can successfully allow citizens to monitor and collect reliable information on Sexual Offences Courts. In essence, the study built on previous (low-tech, pen-and-paper) attempts to monitor compliance by creating a tech-enabled data collection tool which enabled citizens who are already working within SOCs to monitor the implementation. Overall, the tool was able to successfully monitor the implementation of the Regulation in SOCs and build on previous monitoring projects. With online training, the participants were able to use the tool and effectively monitor the eleven courts in metropolitan as well as outlying areas. The tool had the ability to not only allow monitoring but empower the participants with information and education in an easy and accessible way. With a few minor improvements, it is recommended that the monitoring tool should be rolled out and used to monitor the compliance of every SOC, to hold government accountable to maintain their successes and improve on their downfalls

There is a plague of sexual violence in South Africa. As a country dedicated to the rights to life, dignity, bodily integrity, privacy and the right to be free from all forms of violence, it is the government's duty to adequately address the rate of sexual offences in the country. The government has not been silent on this issue, but its response beyond issuing strong statements accompanied by long sentences for the few offenders convicted, is lacking. Some important legislative changes have been brought about in the SORMA but without widespread change of social attitudes these improvements are going to have very limited impact. This paper explores why South Africa's current approach towards sexual offences is inadequate and how it should be improved. The first section lays out the background and development of South Africa's sexual offence laws (and laws relating thereto). The myths and stereotypes about sexual offences and their victims that prevailed in our legal system for decades, still persist in the minds of many police and judicial officers today. This has negatively affected how sexual offences are policed in the country. It begs the question of whether victims should be afforded specific rights in sexual offence cases. This section also discusses how mandatory minimum sentences came about as a response to rising crime rates. While the changes to the law have been praised for being more progressive for victims of sexual offences, its actual impact will remain insignificant until procedures for obtaining justice for victims are improved. The next section critiques the current legal framework relating to sexual offences, namely, the SORMA and the Criminal Law Amendment Act 105 of 1997. Legislative changes such as the new definition of rape and the formal acknowledgment of sexual offences courts are promising. However, the establishment of the National Register for Sexual Offenders and the mandatory minimum sentences for rape were poorly researched solutions. This paper argues that since SORMA's approach has not improved the experience of victims in the past 13 years, either duties for police officers in sexual offence cases should be legislated or victims should be afforded specific procedural rights. The final section of this paper discusses feasible options for South Africa to address sexual offences. The first is in the form of structured sentencing guidelines to steer the discretion given to judges in handing down sentences. The second is in the form of prevention strategies. This paper highlights how important it is for the government to start to implement policies that will address the societal norms that allow sexual violence to flourish. The government's only solution cannot be to keep clutching at popular mandatory sentencing. They owe it to the citizens of South Africa to commit to long-term social change initiatives.

This dissertation clarifies the protections available to housing subsidy beneficiaries who purchase houses through credit agreements. I look at the legislative framework that protects the right to access to housing in terms of section 26 of the Constitution. I consider a Constitutional Court case Amardien and Eleven Others v Cape Town Community Housing Company 2019 (2) BCLR 193 (CC) which established that sections 19 of the Alienation of Land Act and 129 of the National Credit Act give the procedural steps that a developer needs to take before it can cancel the sale agreement with subsidy beneficiaries to lawfully cancel such agreements giving effect to the right to housing. The case study determined that where disputes arise, both the National Credit Act and Alienation of Land Act provisions apply in the enforcement of the agreements. The beneficiaries' purchases of their houses must be registered to protect them from the seller selling their properties to third parties. The seller does not remain the property owner and is precluded from repossessing the houses and selling them to third parties without a court order. I argue that such conduct amounts to an unjustified infringement of their housing rights and constitutes an arbitrary deprivation of property. Judicial oversight is required in determining whatever enforcement mechanisms that are appropriate in the circumstances of default by the beneficiaries. I discuss the State's obligations in terms of the Housing Act and international law in the enforcement of the subsidy agreements by the Company relating to the beneficiaries' right to housing. I discuss how the State breached its obligations by failing to fulfil its obligations and the impact of such failure on the beneficiaries.

The financial politics of the European Union (EU) have been highly debated ever since the 2008 crisis, which left some European countries in financial turmoil. One part of the European financial policy has been the purchase of government bonds through the European Central Bank. The most vocal critics of this policy have for a long time emerged from Europe's biggest economy – Germany. A case against the purchase of government bonds was eventually brought to the Federal Constitutional Court of Germany (FCC). The FCC referred the matter to the European Court of Justice, which in 2018 upheld the practice and found it legal. In May of 2020 the FCC went against the European Court of Justice and pronounced the practice of purchasing government bonds as well as the decision upholding it to be ultra vires. Although there have been other domestic courts within the EU that have overruled EU law, last years's verdict was unique in its blatant defiance of the European institutions and the primacy of EU Law. This paper analyses the two judgements with a focus on the issues of the ultra vires review as well as the primacy of EU law. By scrutinising the FCC's case law on the issue, the author argues that the FCC's judgement is inconsistent with its own jurisprudence, and the case substantially unsuited and unwisely chosen for rendering the ultra vires verdict for the first time. Moreover, the judgement completely disregards the primacy of EU law, which not only questions the equality of EU Members but ultimately jeopardises one of the most crucial principles of the Union.

The small-scale fisheries sector makes a valuable contribution to livelihoods and food security, particularly in under-resourced countries. Yet small-scale fishers and fishing communities are often vulnerable and marginalised, and the small-scale sector is largely ignored by governments providing subsidies to their fishing industries. Provisions seeking to ban harmful fisheries subsidies are now the subject of several large international trade agreements and negotiations. While this is a laudable and necessary goal, the binding nature and robust enforcement mechanisms of trade agreements make it imperative that small-scale fisheries are protected and provided for in these agreements in the interests of sustainable development and poverty reduction. The thesis considers how this can be achieved. In order to determine what would best serve the interests of small-scale fisheries in trade agreements, the thesis creates a framework of development needs, which underpins the analysis in the remainder of the thesis. This analysis revolves around three large trade agreements and negotiations containing provisions on fisheries subsidies – namely the World Trade Organization (WTO) negotiations, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States-Mexico-Canada Agreement (USMCA). Drawing on the development framework, the thesis identifies a number of shortcomings in these agreements when it comes to protections for small-scale fisheries, including a lack of provision for important development needs and a failure to achieve an appropriate balance between development and sustainability considerations. The thesis also considers potential problems that could arise in the conclusion and enforcement of trade agreements dealing with fisheries subsidies, particularly as these relate to small-scale fisheries and sustainable development. Based on this analysis, the thesis makes a number of recommendations to be incorporated in trade agreements going forward that would adequately protect and promote the interests of small-scale fisheries, while not losing sight of sustainability concerns and the practical realities of negotiating complex international trade agreements. These include, inter alia, exemptions for important social assistance subsidies, better representation and transparency, and measures to improve equity between the small-scale sector and other fishing sectors.

Transformation is undoubtably a moral imperative. It primarily relates to the eradication of past discriminatory practices and the establishment of a society founded upon equality and justice. Unfortunately transformation has become a buzz word that is used in academic literature, legislation and the media I a variety of content. This research will focus on the mining sector, given the importance of the sector to the South African economy and the slow progress that the sector has made in advancing transformation. This dissertation sets out to better understand the term transformation through an extensive analysis of the current framework in which mining forms operate. This includes non-legislative and legislative documents. The research will take the form of a case study that focuses on Lonmin Plc. It will first conduct an extensive review of the literature and the transformation framework that applies. Secondly, the research will bring the case study into a current reality by interviewing individual miners, community leaders and Lonmin representatives. These interviews will be semi-structured, whereby an interview guide will form the base of the discussion. The goal of these interviews is to view the current transformation framework in light of the lived experiences of individuals. The interview data will be analyzed using a thematic analysis approach, initially coding the interview manuscripts and ultimately collating these codes into themes which will be discussed in detail. The research will focus on a Black Economic Empowerment deal that was concluded between Lonmin and the Bapo Community. The is intended to highlight some of the complexities surrounding Black Economic Empowerment deals in practice. The research found that the main components of transformation, as illustrated by the literature and the interviews, are the creation of better working conditions for miners, the skills development of Historically Disadvantaged South Africans, the adoption of preferential procurement policies by Lonmin Plc and the conducting of proper engagement processes between mining companies and mining communities.

Compensation for land acquired for petroleum exploitation can be highly contentious. Often, the discovery of petroleum in a locality raises the landholders' expectations about the net benefit that the resources will bring their way. These expectations collide with the state's interest to exploit the discovered petroleum resources for the benefit of the whole nation. This brings to the fore the clash between the right of the landholders to their property and the right of the general public to natural resources. To resolve the clash, international human rights law requires the state to pay fair compensation for the land it acquires for petroleum projects. The main question this study asks is: to what extent is the Tanzanian petroleum legal framework for land compensation fair? To answer this question, the study draws on Rawls' theory of fairness, and analyses the jurisprudence of international human rights law, which helps to identify the elements of a fair land compensation regime in the context of petroleum projects. The study shows that, at the international level, the legal instruments and jurisprudence largely incorporate Rawls' theory of fairness by demanding that in acquiring land for petroleum projects the state must approach the landholders as equals. As such, the state must employ a participatory approach, which calls for consultation with the affected people, obtaining their consent, make decisions by consensus where possible, and considering their livelihood situations in calculating compensation. While Tanzanian petroleum laws and practices recognise the duty to give fair compensation to the people affected by petroleum activities before acquiring their lands, the study highlights numerous shortcomings in these laws and practices that prove that the land compensation scheme for petroleum projects in Tanzania fails to meet all the requirements of fairness. The study makes several key recommendations that could ensure that Tanzania fully complies with such requirements of fairness.

We know little about the use of steroids in the fitness industry in South Africa although the media frequently features stories about sportsmen who are charged with illegally taking steroids and subsequently issued with bans against continuing to participate in competitive, professional sport. In this study I examine the status of steroids in terms of pharmacology and the law. Steroids is a shorthand for Anabolic-Androgenic Steroids (hereafter AAS). As I show, these substances are evolving compounds with important medical utility but also with the capacity to rapidly build muscle and strength. It is for this reason that they are used in competitive sport but also in the fitness industry where strength and bodily appearance tempt people, mostly men, to take AAS. AAS are defined as a drug and thus cannot legally be bought without a prescription or overthe-counter. But for a number of reasons the control of AAS by regulatory authorities is weak. There are many laws that refer to AAS but these laws overlap and produce inefficiency and consumer confusion. In this grey area, AAS operate as an element of the country's gym culture. The gym as a space for fitness activities has become exceptionally popular in the last few decades. Gyms are primarily a middle class institution, attracting men and women of all races. The desire to get fit and strong and look good is strongly supported by media campaigns. For many men, particularly those that attended sports-focused, single-sex schools, the connection between a fit, strong and good-looking body is an extension of sports participation. For some young men, the habit of taking supplements as part of a fitness regime starts during the school-going years. The line between supplements and AAS is not always clear. This study included a survey of male gym-goers in East London and Cape Town. The survey asked questions about a knowledge and use of AAS and linked these questions to issues of masculinity. The survey was augmented with one-on-one interviews with gym-goers. This primary research is used in a chapter to investigate AAS use amongst gym goers. This thesis compiles and analyses pharmacological and legal material that defines and regulates AAS. To our knowledge this is the first academic work to attempt to understand AAS, their regulation and therefore their accessibility to the public. It shows that because the development of AAS is ongoing in the drug industry, definition is not easy and this, together with the absence of a coordinated set of laws which bear on the production, sale and use of AAS, results in grey areas of uncertainty. The final part of the study is based on a survey of 150 gym users and interviews with a select group of gym users known to the author. Using insider knowledge (the author is himself a gym-user) 30 interviews were conducted. The interviews explore the path along which young men travel as they develop their bodies. This path involves ideas of fitness and strength and these are bound up with the construction of masculine identity. The interviews help to explain why young men seek strong bodies and fitness and why some of these men take or have taken AAS. The thesis argues that the allure of AAS is that it allows young men quickly to build muscle and strength and thus to realize bodily aspirations that are built by the popular media and supported by peer groups. Sport participation is often, but not always, a feature of the bodyfocussed approach to performing a masculine identity. The lack of clarity regarding AAS is a contributing factor to gym-goers using steroids. Steroids can easily be purchased, are widely used and prosecutions for leisure use are unheard of giving the impression that they are not illegal.