This article is presented in five parts. The first part consists of this introduction, which is followed by a discussion of the Canadian legal position in part two. The cases of R v Collins1 and R v Stillman,2 as well as the impact of these cases on the Canadian admissibility framework, will be explored. In addition, the adapted fair trial requirement developed and applied by the Ontario Court of Appeal in R v Grant,3 and the revised admissibility framework recently introduced by the Supreme Court of Canada in the appeal of R v Grant,4 will be analysed. Part three discusses the jurisprudence of s 35(5) of South Africa’s Constitution. An alternative admissibility framework is suggested in part four, followed by a short conclusion in part five. The Constitution of the Republic of South Africa, 1996,5 provides that South African courts may, when interpreting the Bill of Rights, seek guidance from comparable foreign law jurisdictions in order to give meaning to its provisions.6 The South African Supreme Court of Appeal and the High Courts,7 as well as scholarly writers,8 have indicated that the provisions contained in s 24(2) of the Canadian Charter of Rights and Freedoms9 and s 35(5) of the Bill of Rights are strikingly similar.10 This could be one of the reasons why the South African courts have opted to be guided by their Canadian counterparts.11 The Canadian admissibility frameworks, established to determine whether unconstitutionally obtained evidence should be received or excluded, have for decades been the subject of rigorous scholarly criticism. As a result thereof, and the subsequent reaction by the Ontario Court of Appeal, the admissibility framework has recently been revised by the Supreme Court of Canada. Given that s 35(5) of the South African Constitution is modelled on s 24(2) of the Canadian Charter, the manner in which the courts of that country have grappled with the interpretation of s 24(2) is of particular importance to South Africa.12

The foundation for this study rests upon the military ideology of Revolutionary America, which had as its guiding principle, the conviction that standing armies in peacetime were a liability. To many Americans a standing army represented an ever present threat to their rights as citizens. As a consequence, responsibility for the security of the nation was placed upon the idealised notion of the citizen soldier. This was a citizen, who it was supposed, would, when the need arose, voluntarily renounce his own personal priorities for the sake of the nation. Reality, however, proved otherwise, for citizen soldiers rarely achieved what was expected of them. Yet as this study's examination of the Congressional debates of the 1790's makes clear, the notion of the citizen soldier proved to be extremely resilient. Despite a catalogue of failings, the country's reliance on the state militias for a significant proportion of its military capability persisted. This served to severely handicap the effectiveness of the American military establishment during the War of 1812. Primarily, the effect that the militias had upon the effectiveness of the military establishment is found within the various interactions of citizen soldiers with the regular army. Although these interactions are categorised and analysed within the context of this study, all of them revolve around the issue of consent. Militiamen demanded from the federal government that once they had consented to serve, it was beholden upon the federal government to ensure that they were properly equipped and supplied, as well as being directed towards some worthwhile objective. Yet despite the considerable importance these interactions had upon the military establishment, and their utility in understanding many of its failings, historians of the conflict have failed to adequately consider them. Instead, they have tended to either denigrate the militias' obvious failings, or eulogise their achievements, rather than examine why the militias were capable of performances at both extremes.

Many Latin American countries have transitioned from agricultural to service-oriented societies since the 1950s and have consequently seen a vast migration of people from rural to urban areas in search of new jobs created in cities. The vast majority of migrants have not been able to afford or obtain formal or government- built housing. They have, consequentially, turned to the informal sector, settled land that was owned by another and built their houses there despite in many cases not having services. The Dominican Republic has seen a similar sequence of events and has also seen a large increase in urban populations and informal housing in its cities. This paper examines the housing in one of these informal settlements, the community of Los Platanitos, located in the municipality of Santo Domingo Norte and among the poorer settlements in Santo Domingo. Specifically, this study examines the process in which the community was settled and consolidated as well as residents’ ability to improve their situation through acquisition of this property. It also looks at the current state of housing in Los Platanitos in terms of spatial distribution and existing and needed support systems. / text

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In the following work, I intend to illuminate the importance of the lives and the works of Václav Havel and Aleksandr Solzhenitsyn. I have chosen to employ a multi-disciplinary approach - one that will include elements of political philosophy, educational theory, cultural theory, and literary criticism. I will analyze and compare their works, the convergence and divergence of their views, their shared emphasis on the theme of the 'ideological lie', and the lack of an alternative view in Post-Communist societies. I will demonstrate that their philosophical framework is not fundamentally or properly understood by the archaic dialectic between capitalism and communism that has shaped academic discourse for the last two centuries. For that reason, their works and central themes are still relevant; indeed the conceptual framework they have constructed can help illuminate the continued struggles faced by 21st century global society.

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Informal mining requires particular attention in the fight against poverty. In sub-Saharan Africa, the world's poorest region, more than ten millions of people have depended on it for livelihoods. The aim of this study was to investigate the causes and impacts of the suspension of informal mining in the eastern DRC, between 2010 and 2011, on rural livelihoods in Twangiza. The study being a qualitative case study, both primary and secondary data were collected through semi-structured interviews with a total of 21 respondents and analyzed using thematic methods. This study has found that geopolitical influences upon the DRC government‟s concerns over fraud, corruption, loss of state revenues and the perpetuation of conflicts associated with informal mining activities were the main causes of its suspension in the eastern DRC. In Twangiza however, although informal mining was still practiced until 2010 when it was suspended across the eastern DRC, it had already been illegalized since 2003, following the introduction of BANRO - a Canadian based multinational company – to mine in the area. This happened shortly after DRC‟s adoption of a predominantly neo-liberal driven Mining Code in 2001. This study has also found that the suspension of informal mining worsened the already venerable rural livelihoods in Twangiza as it resulted in increased unemployment, loss of income and food as well school dropouts by both pupils and teachers. To cope with these impacts many people decided to liquidate their assets, including livestock and land. While some of them managed to reemploy themselves by reinvesting in small businesses or migrating outside the community to search jobs, the most vulnerable had no option but to stay at home, resort to theft or prostitution. This study, therefore stresses the livelihood importance of informal mining in Twangiza, which is consistent with previous studies on informal mining and livelihoods among poor communities in developing countries, especially in Africa. It also questions the consistency of DRC‟s mining policy and provides some constructive recommendations on how mining should be used to promote sustainable development in the eastern DRC. / Thesis (M.Dev.Studies)-University of KwaZulu-Natal, Durban, 2012.