Adultery, abortion, witchcraft, sex work, are crimes that have historically until today been identified as predominantly female crimes. By criminalizing them, the patriarchal society exercises a control of the body and sexuality of women to maintain and remain them in their gender norms. However, patriarchal society participated in their victimization. In fact, many women in prison have been abused in their childhood and often faced a continuous victimization. The aim of this thesis, using feminist theories and critical discourse analysis as part of a case study, is to understand to what extent the patriarchal system has an impact on the creation of the female offender arguing that female offenders are victims of the patriarchal system before being criminals. The analysis of discourses surrounding the case of Lisa Montgomery demonstrates that gender has an impact on how people are criminalized and punished. The abuses often overlooked by the system have an impact on the crime trajectories of female offenders. However, the justice system rarely takes those aspects into consideration, especially when the female offender does not fit her gender norms. She is then described as an inhuman monster who deserves a severe punishment. This participates to maintain and reinforce patriarchy by recalling societal norms of femininity. The case of Montgomery represents thus one of many cases in which female offenders are, before being an offender, a victim of the system that allowed her continuous victimization.

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The law of civil procedure is an important branch of South African law as it resolves individual civil disputes through a regulated judicial system. Mandatory statutes and rules regulate the processes when bringing disputes to court. For example, the Superior Courts Act 10 of 2013, regulates the superior courts, while the provisions of the Magistrates’ Courts Act 32 of 1944, as well as the Small Claims Court Act 61 of 1984, control the lower courts. Further, a series of court rules ensure efficient operation of different courts and support the overarching legislation. For example, the Constitutional Court Rules, Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal, Uniform Rules of Court, Magistrates’ Courts’ Rules, and the Rules of Small Claims Court support the implementation of legislation. The researcher submits, however, that the current legislative provisions, and their enabling rules, are not fully complementing the Electronic Communication and Transactions Act 25 of 2002 and are thereby impeding the growth of e-technology law in South Africa. Put differently, they do not embrace the use of e-technology and digital devices. It appears that in future civil proceedings will occur electronically through digital and e-technology devices. Present legislation does not cater for this practical reality. This calls for South African courts to, for example, install satellite devices that will ease the use of e- technology in civil proceedings. The researcher avers that there have been attempts by the Constitutional Court and Supreme Court of Appeal to enable electronic communication through their websites, but this is insufficient to effectively implement the provisions of the Electronic Communications and Transactions Act 25 of 2002 especially insofar as service of process. The courts have effectively moved away from the decision in Narlis v SA Bank of Athens, which excluded computer-generated evidence and there have been attempts by South African courts in recent decisions to appreciate the use of e-technology. For example, in CMC Woodworking Machinery v Odendaal Kitchens the court, for the first time, acknowledged service of court papers via Facebook. Further, in Spring Forest Trading v Wilbery, the Supreme Court of Appeal confirmed that electronic communication such e-mail, can be used to cancel agreements, even where parties incorporated a non-variation clause into the agreement. However, there is an urgent need to review and amend South African statutes and rules to fully acknowledge the fact that e-technology is a constantly evolving modern reality. Therefore, South African laws and rules ought to be in-line with e-technology developments and competitive with international jurisdictions such as England, the United States of America and Canada. The rules of these jurisdictions realise the use of e-technology and digital e-technology, particularly in England where a pilot project that facilitates the use of e-technology and digital e-technology in civil proceedings, is already in place. The time has come to fully employ e-technology and digital e- technology law within South African law of civil procedure. This research investigates the possibility, and practical implications, thereof. / Criminal and Procedural Law / LL. D.