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Arguments in favour of the abolition of the death sentence in South AfricaSeriti, Willie Legoabe 30 April 1992 (has links)
This paper deals with the history of capital punishment in South Africa
and its historical background in Britain where it was abolished, except
for a few instances, because it was found to serve no purpose which
could not be served by other forms of punishment.
In South Africa, capital punishment is a legal punishment form. Prior to
1290, C(lpital punishment was mandatory for murder, except in a few
exceptional cases. Its application was amended by the Criminal
Procedure Amendment Act, 107 of 1990. In terms of this Act, capital
punishment was made discretionary for all capital offences.,
The new provisions do not remove all arguments against capital
punishment. Consequently this paper recommends that capital
p~shment sb_ould J:>~ _abolished. Life imprisonment without the
possibility of parole is an effective alternative that will protect society
and satisfy aggrieved parties. Life imprisonment has none of the
problems that are normally associated with capital punishment. / Criminal & Procedural Law / L.L.M.
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Arguments in favour of the abolition of the death sentence in South AfricaSeriti, Willie Legoabe 30 April 1992 (has links)
This paper deals with the history of capital punishment in South Africa
and its historical background in Britain where it was abolished, except
for a few instances, because it was found to serve no purpose which
could not be served by other forms of punishment.
In South Africa, capital punishment is a legal punishment form. Prior to
1290, C(lpital punishment was mandatory for murder, except in a few
exceptional cases. Its application was amended by the Criminal
Procedure Amendment Act, 107 of 1990. In terms of this Act, capital
punishment was made discretionary for all capital offences.,
The new provisions do not remove all arguments against capital
punishment. Consequently this paper recommends that capital
p~shment sb_ould J:>~ _abolished. Life imprisonment without the
possibility of parole is an effective alternative that will protect society
and satisfy aggrieved parties. Life imprisonment has none of the
problems that are normally associated with capital punishment. / Criminal and Procedural Law / L.L.M.
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Punishment in South Africa: an argument for rehabilitation of offendersBallington, Julie 10 June 2016 (has links)
A thesis submitted to the Faculty of Arts, University
of the 'Witwatersrand, Johannesburg, in fulfilment of
the requirements for the degree of Master of Arts.
Johannesburg, 1998 / TIlls research report examines the traditional theories of punishment, that is, retribution,
deterrence and rehabilitation, and assesses their practical and empirical relevance in South
Africa at the present time. It is argued that the theories of retribution and deterrence are
largely inadequate to deal with offenders effectively, and consequently little relief in the
crime rate could be anticipated if we were to institute a system of punishment based purely
on punitive considerations. By contrast, it is argued that the theory of rehabilitation offers
a more holistic approach to deal with offenders, and is really the only system which takes
crime control seriously. In sum, it is argued that a system of punishment rooted in
retributive 01' deterrent principles will neither be more just, more effective nor more
humane than a system which has rehabilitation of offenders as its goal.
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A survey of teachers' attitudes towards corporal punishment after the abolition of corporal punishment.Gradwell, Adriaan January 1999 (has links)
Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.
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Teachers' and pupils' attitudes and practices regarding the abolishment of corporal punishment in schools in the Gauteng area.Cohen, Sheryl January 1996 (has links)
A research report submitted to the Faculty of Education, University of the Witwatersrand, Johannesburg, in partial fulfillment of the requirements for the Master of Education degree. / Educationalists throughout the ages have supported the
belief that corporal punishment creates harmful effects and
should be avoided at all costs. Furthermore, corporal punishment
has been found to be neither effective nor permanent in stopping
undesirable behaviour in the classroom.
Despite the evidence however, South Africa frequently used
corporal punishment for the sake of discipline, social control
and even 'moral education'. In the not too distant past, it was
sanctioned by law, by parents and by teachers (Rice, 1987).
However, in 1994 judicial corporal punishment was outlawed and
corporal punishment at schools became unconstitutional (clause
3(n) of the National Education Policy Bill, 1995; clause 22 of
the Gauteng Schools Education Bill).
While policy and legislatlon must play their role, this is
not enough to bring about a change in the practices and
perceptions of teacher's at the grass roots. An understanding of
its harmful effects, and recognition of alternatives is
necessary in order to bring about its complete abolishment. This
study investigates teachers' and pupils attitudes to corporal
punishment as well as what discipline strategies are being used
and are considered effective.
A sample of teachers and pupils were randomly selected from
private, oommunity and public high school types. A total of 602
subjects participated in this study (240 teachers and 362
pupils). Responses to an anonymous questionnaire were tabulated
and analysed.
Findings demonstrated that teachers are ambivalent towards
corporal, punishment, while pupils are clearly anti-corporal
punishment; and support its abolishment. Teachers do report
Key Words: corporal punishment , classroom discipline. alternative
discipline strategies used in the classroom. / AC2017
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A survey of teachers' attitudes towards corporal punishment after the abolition of corporal punishment.Gradwell, Adriaan January 1999 (has links)
Education within South Africa has undergone significant change within a short period of time. This change has primarily been written in terms of human rights and the equitable distribution of educational resources. This has necessitated a paradigm shift for many teachers and the study explores some of the factors that have prevented teachers from experiencing a paradigm shift. The introduction of the South African Schools Act of 1996 heralded the start of the complete abolition of corporal punishment within all South African schools. The object of this investigation was to explore teachers' attitudes towards the abolition of corporal punishment and the factors that would contribute towards their attitude. The research explored whether the attitude of teachers, in relation to corporal punishment, had been influenced by the disruptive behaviour of pupils and their perceptions of the efficacy of alternate methods of behaviour management.
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Punishment and South African constitution: a penological perspectivePalmer, Eshaam 06 1900 (has links)
Since 25 January 1994, when the interim Constitution came into operation,
South Africa's criminal justice system became subject to constitutional
provisions, especially the Bill of Rights. All forms of punishment and treatment
are subject to the provisions of the Constitution. The first casualties were the
death penalty and corporal punishment, which were found to be unconstitutional
by the Constitutional Court. Since our criminal justice jurisprudence is still in the
developing stage, a comparative analysis with the Canadian and American penal
systems forms part of this thesis.
Provisions of the Constitution, which will have an indirect influence on
punishment include, access to information, just administrative action and state
institutions supporting democracy. The following provisions of the Bill of Rights
are expected to have a significant impact on punishment in all its facets,
equality; human dignity; life; freedom and security of the person; freedom from
slavery, servitude and forced labour; and the rights of children.
Judgments of the Constitutional Court, which abolished the death penalty and
corporal punishment are examined since they were the first indication the Court
gave on aspects of punishment. The Constitution also deals specifically with the
rights of arrested, detained and accused persons. It is within this provision that
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the rights of prisoners are spelt out. Imprisonment as a form of punishment, has
to conform to the provisions of the Constitution, and the Correctional Services
Act is an attempt to render imprisonment compliant.
With the abolition of the death penalty and corporal punishment, the effect of
constitutional provisions on conventional forms of punishment and the
overpopulation of prisons, the establishment of alternative forms of punishment,
which would pass constitutional muster, is imperative. The Child Justice Bill is
an attempt to establish a unique system for juveniles who commit offences / Penology / D. Lit. et Phil. (Penology)
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Punishment and the South African constitution :Palmer, Eshaam. January 2001 (has links)
Thesis (D. Lit. et Phil.)--University of South Africa, 2001.
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Punishment and South African constitution: a penological perspectivePalmer, Eshaam 06 1900 (has links)
Since 25 January 1994, when the interim Constitution came into operation,
South Africa's criminal justice system became subject to constitutional
provisions, especially the Bill of Rights. All forms of punishment and treatment
are subject to the provisions of the Constitution. The first casualties were the
death penalty and corporal punishment, which were found to be unconstitutional
by the Constitutional Court. Since our criminal justice jurisprudence is still in the
developing stage, a comparative analysis with the Canadian and American penal
systems forms part of this thesis.
Provisions of the Constitution, which will have an indirect influence on
punishment include, access to information, just administrative action and state
institutions supporting democracy. The following provisions of the Bill of Rights
are expected to have a significant impact on punishment in all its facets,
equality; human dignity; life; freedom and security of the person; freedom from
slavery, servitude and forced labour; and the rights of children.
Judgments of the Constitutional Court, which abolished the death penalty and
corporal punishment are examined since they were the first indication the Court
gave on aspects of punishment. The Constitution also deals specifically with the
rights of arrested, detained and accused persons. It is within this provision that
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the rights of prisoners are spelt out. Imprisonment as a form of punishment, has
to conform to the provisions of the Constitution, and the Correctional Services
Act is an attempt to render imprisonment compliant.
With the abolition of the death penalty and corporal punishment, the effect of
constitutional provisions on conventional forms of punishment and the
overpopulation of prisons, the establishment of alternative forms of punishment,
which would pass constitutional muster, is imperative. The Child Justice Bill is
an attempt to establish a unique system for juveniles who commit offences / Penology / D. Lit. et Phil. (Penology)
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The influence of learners' rights and obligations on ill-discipline in schoolsMakhubele, Helani Harry 19 January 2015 (has links)
MPM / Oliver Tambo Institute of of Governance and Policy Studies
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