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Die reg op lewe met spesifieke verwysing na aborsie as kritieke beslissingsmoment13 August 2015 (has links)
LL.M. / Please refer to full text to view abstract
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Inconsistency in judicial decisions : the right to life in perspectiveMoabelo, Kgorohlo Micro 02 1900 (has links)
The dissertation critically examines and compares the decisions of the
Constitutional Court and the High Courts in cases dealing with the right to life, as
contained in section 11 of the Constitution of South Africa Act 108 of 1996. The
dissertation analysis the issues of adjudication and the concept of justice in
perspective. The main question is as follows: Are the Constitutional Court
decisions objective, based on the interpretation of the constitutional text, or do they
rather reflect the individual judge(s) personal perspective(s) or preference(s).
The purpose of this dissertation is to undertake a comparative study and analysis
of the Constitutional Court decisions on the right to life, same aspect from different
perspective, and show that the right to life is not given proper effect to on account
of the subjective approach to its interpretation undertaken by the judges.
It examines and scrutinises the Constitutional Court’s adjudication process. It found
that the law is indeterminable, because the court’s decisions are not based on the
interpretation of the law, but on the individual judges’ background and personal
preferences. This is so because the court uses the majority rule principle in its
decisions: The perception of the majority of the judges becomes a decision of the
court. It is argued that when taking a decision a judge does not apply the law but
instead uses the law to justify his predetermined decision on the matter. The
conclusion supports the critical legal scholars’ theory relating to the indeterminacy
of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM
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Inconsistency in judicial decisions : the right to life in perspectiveMoabelo, Kgorohlo Micro 02 1900 (has links)
The dissertation critically examines and compares the decisions of the
Constitutional Court and the High Courts in cases dealing with the right to life, as
contained in section 11 of the Constitution of South Africa Act 108 of 1996. The
dissertation analysis the issues of adjudication and the concept of justice in
perspective. The main question is as follows: Are the Constitutional Court
decisions objective, based on the interpretation of the constitutional text, or do they
rather reflect the individual judge(s) personal perspective(s) or preference(s).
The purpose of this dissertation is to undertake a comparative study and analysis
of the Constitutional Court decisions on the right to life, same aspect from different
perspective, and show that the right to life is not given proper effect to on account
of the subjective approach to its interpretation undertaken by the judges.
It examines and scrutinises the Constitutional Court’s adjudication process. It found
that the law is indeterminable, because the court’s decisions are not based on the
interpretation of the law, but on the individual judges’ background and personal
preferences. This is so because the court uses the majority rule principle in its
decisions: The perception of the majority of the judges becomes a decision of the
court. It is argued that when taking a decision a judge does not apply the law but
instead uses the law to justify his predetermined decision on the matter. The
conclusion supports the critical legal scholars’ theory relating to the indeterminacy
of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal and Procedural Law / LL. M.
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Killing in defence of property : a legal comparative studyAwa, Linus Tambu 19 August 2016 (has links)
This research examines the legal issues surrounding killing in defence of property in three selected jurisdictions: South Africa, Cameroon and the United States. The comparative analysis illustrates that although the right to protect one’s property is universal, this defence is interpreted differently in the various jurisdictions. Another issue considered in the study is the constitutional right to life in each jurisdiction and whether or not an unlawful attack against one’s property creates a legal entitlement for the attacked party to take the life of another in defence of his or her property.
Private defence of property is available when a person uses force to defend an interest in property, for example; to prevent a would-be thief from taking his own, or another’s property, to prevent someone from damaging his own or another’s property, to prevent an intruder from entering his own or another’s property. When an accused pleads private defence, his claim is that his harm-causing conduct was, in the circumstances, lawful. The reasonable use of force (short of deadly force) in the private defence of property is not disputed. However, the use of deadly force in protection of property is controversial, especially in a constitutional state such as South Africa where life should be prized above property. One should however also consider that there is a close link between the private defence of defending life and of protecting property. In many cases, an assault on property also involves a threat on life. However, there are cases of private defence of property where no threat to bodily integrity exists. These situations will be examined in all three jurisdictions and measured against the various constitutional imperatives. Conclusions and recommendations are made as regards the legal framework on the defence of property in the criminal law of the various jurisdictions. / Criminal and Procedural Law / LL. M.
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A selection of legal issues relating to persons living with albinismMswela, Mphoeng Maureen 10 1900 (has links)
Despite the fact that albinism affects several South Africans, it is a condition that
remains deeply misunderstood. Albinism is steeped in myth and false notions, and is
perceived by many as a curse and contamination. For years, persons living with
albinism have been treated with doubt and suspicion. Also in schools and in the
wider community, children with albinism are subjected to violence and ridicule. In
certain areas on the African continent, including Southern Africa, persons living with
albinism are killed for the trade in body parts for use as sacramental medicines, or
sexually assaulted as a result of the belief that raping them may offer a cure for
HIV/AIDS. All of this highlights the extreme vulnerability of persons living with
albinism, not to mention the many violations of their fundamental rights that follow
from the manner in which they are treated. Within the social context that frames the
experience of persons living with albinism, the primary purpose of this study is to
highlight some of the pertinent challenges faced by persons living with albinism in
South Africa which compromise the full enjoyment of their fundamental rights as
enshrined in the South African Constitution. The thesis makes a number of practical
recommendations that will assist in promoting the legal position of this vulnerable
group, while also contributing to a better understanding of albinism in general which
will ultimately change negative perceptions and debunk the myths surrounding the
condition. / Jurisprudence / LL. D.
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