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Locus standi in environmental litigation : a South African perspective.Ramagoma, Thendo Resnic. January 1997 (has links)
Environmentalists citizens groups, legal practitioners
academics and the ordinary citizens in South Africa today are
over-excited with the prospects of the environmental rights
litigation under the final Constitution of the Republic of South
Africa Act 108 of 1996 signed by the State President in Cape
Town on the 18th December 1996. For the first time in the history
of South Africa environmental rights have been lifted to the
status of fundamental constitutional and human rights. From an
environmental perspective the upliftment of environmental rights
to the level of constitutional protection is a great achievement
that will benefit all South Africans. This dissertation throws
some light on the concept of locus standi and public interest
litigation as they have developed In the New South African
Constitution followed by an exposition of the common law rules
of legal standing. The focus of attention will then turn to the
extent to which the Interim Constitution of the Republic of South
Africa Act 200 of 1993 and the final Constitution of the Republic
of South Africa Act 1996 extend or broaden the scope of
standing followed by a brief survey of legal standing of
environmental associations in various countries. Finally the
document will conclude with a brief commentary on the law of
standing in South Africa and possible suggestions for reform. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1997.
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A review of developments in the nature and law of maritime piracy.Surbun, Vishal. January 2008 (has links)
No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.
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The recognition, transfer and extinction of maritime liens in South African law.Barge, Robert James. January 1994 (has links)
No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1994.
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"A review of measures to combat illicit drug trafficking and trade : a domestic maritime perspective"Dedekind, Amy Paula. January 2012 (has links)
From a survey of media reports and other documentary sources, illicit drug
trafficking and trade seems to be a prevalent problem in South Africa today. Drugs
are being shipped undetected in containers, which poses a significant threat to
maritime security. The drug trade is also having a negative impact upon one of South
Africa's valuable resources, abalone. It appears that there is a substantial nexus
between the poaching of abalone and the illicit drug trade in South Africa. Abalone is
considered to be a delicacy in the East and research shows that a substantial amount
of drugs in South Africa has originated from the illicit trade of abalone.
v
This dissertation will examine illicit drug trafficking and trade with particular reference
to the maritime industry which facilitates this illicit trafficking and trade through
ineffective security measures governing containerisation; and also through the abalone
trade. A survey of media reports, articles, reviews, Institute for Security Studies papers,
books and the World Drug Report 2012 set the scene of illicit drug trafficking and trade
in South Africa as being prevalent and damaging to the country's security measures.
A review of South Africa's domestic legislation and the international conventions to
which it is party is necessary to determine whether the law governing illicit drug
trafficking and trade is adequate to address the issues highlighted above. The focus of
this dissertation will then shift to wards the issues surrounding implementation and
enforcement of these laws.
The enforcement and implementation of the law seems tainted by corruption, lack of
skills and morale and inexperience and therefore these issues need to be addressed in
order to fully combat illicit drug trafficking and trade in South Africa's maritime
industry. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.
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Maritime piracy : a critical analysis of current prosecutorial challenges and shortcomings of international and domestic law.Pillay, Rohini. January 2012 (has links)
Modern maritime piracy is cause for major concern around the world. Although
there have been preventative measures deployed by maritime nations to
counter the crime, there is a need to develop an efficient regime to prosecute
pirates. The general modus operandi that is employed by arresting-vessels is a
'catch-and-release' procedure, which means that there are no further steps
taken to bring these pirates to account for their crimes.
The purpose of this dissertation is to analyse the main challenges that face
domestic judicial systems in prosecuting pirates of the high seas.
Chapter 1 of this Dissertation sets out the parameters of the study, followed by
Chapter 2 which will detail current international instruments that specifically
relate to the crime of maritime piracy. This would include an examination of the
successes and shortcomings of the piracy provisions of UNCLOS Articles 1 00 -
107, the recent UNSC Resolutions, SUA, and the IMO as well as discuss the
1MB PRC and other Regional Agreements in place to counter piracy and
provide for the successful prosecution of suspected pirates.
Chapter 3 will focus on the prosecutorial problems dealing with the crime of
piracy that face judicial bodies around the world. The Chapter will highlight and
discuss the various political and human rights issues that have discouraged the
majority of states from prosecuting suspected offenders of this crime, as well as
their reluctance to exercise universal jurisdiction over piracy. In addition, the
recent Kenyan ad hoc piracy tribunal decisions will be discussed in order to
assess the lack of uniformity in the interpretation and application of international
law piracy provisions as against domestic law.
Chapter 4 examines the South African Law and Policies in place that counterpiracy,
and also considers whether South Africa could exercise jurisdiction over
piratical matters.
Thereafter, Chapter 5 proposes recommendations that may be employed in
order to bring about a much needed uniform approach to the successful
prosecution of suspected pirates. Lastly, Chapter 6, shall comment and
conclude on the findings of the previous chapters. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.
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A critical analysis of exclusionary clauses in medical contracts.Ramkaran, Tasveera. January 2013 (has links)
Exclusionary clauses in South Africa have thus far been interpreted narrowly by the South
African Courts. It has been accepted that where a patient enters into a medical
contract/agreement with a hospital that includes a clause excluding the hospital and its
employees from any form of liability whether negligently or not, the patient has no form of
recourse against the hospital for any damages caused except that caused by gross negligence;
the hospital will be absolved of any form of liability. The term caveat subscriptor applies –
“let the signer be aware” that he/she is bound by the agreement signed by him/her whether or
not it was read and understood. The leading case in South Africa dealing with exclusionary
clauses in medical contracts is Afrox Healthcare Limited v Strydom. Since that decision the
Consumer Protection Act has came into existence. My research question involves
determining the impact an exclusionary clause would have, when analysed in terms of the
provisions of the Consumer Protection Act with particular reference to its applicability and
enforcement in medical/hospital contracts. The Afrox case has in itself been a controversial
decision, with many legal writers of the opinion that the principles laid down by the case
need to be overturned as the judgement is not in line with public policy. It is argued that with
the Consumer Protection Act in place, it can be assumed that exclusionary clauses in
medical/hospital will no longer be valid. The Act is a step in the right direction towards
patient/consumer protection and awareness. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
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Racism and law : implementing the right to equality in selected South African equality courts /Krüger, Rósaan. January 2008 (has links)
Thesis (Ph.D. (Law)) - Rhodes University, 2009.
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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
2
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 interface between living customary law(s) of succession and South African state lawWeeks, Sindiso Mnisi January 2010 (has links)
No description available.
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Provocation as a defence in English and South African criminal lawKrause, Samantha January 2003 (has links)
In the past 20 years the defence of provocation has shifted from the periphery of South African law to a fully developed defence available to those who kill when provoked. Not only is the defence available to the provoked, but it has been extended to those who kill when subjected to emotional stress. However, the defence is mirred in controversy and bad decisions. Not only has the precise nature of the defence not been clarified, but this lack of clarity has been exacerbated by confusing decisions of our courts. This confusion is partly a result of the development of the defence of incapacity, particularly its extension to cases involving provocation and mental stress, and partly a result of its application in practice. Three major problems have plagued the provocation defence. Firstly, the courts have confused the defence of sane automatism with that of non-pathological incapacity. Secondly, there has been an implied use of an objective test in determining criminal incapacity where the enquiry has clearly been a subjective one. Thirdly, it has been held that the problem may not so much be the subjective aspect of provocation, but rather its application. The real problem seems to lie in the theoretical confusion as to the precise meaning of lack of “selfcontrol”. Lastly, on occasion the courts have failed to distinguish lack of capacity from diminished responsibility. Thus, in order to gain clarity concerning this “grey” area of the law these problems have created, it is necessary for South African law to consult more authoritative sources to receive guidance for the problems identified. One of those sources that has been consulted is that of English law. English law, however, deals with the defence of provocation in a different manner. Raising a defence of provocation here does not result in an acquittal but rather in a reduction of the charge to manslaughter. However, the English law on provocation is also 7 plagued by various problems. Firstly, there is the issue of cumulative provocation. Generally, there is little difficulty in cases where there is no “immediate trigger”. Secondly, the fundamental flaw with the current test of the reasonable man is that the courts have had to swing between the two aims of taking a compassionate view of human frailty while endeavoring to maintain an objective standard of the reasonable man. Lastly, it can be said that the problem with the proportionality requirement is that it makes the provocation defence dependant upon the assessment of the accused’s conduct after he or she lost his or her selfcontrol rather than on his or her giving way to passion and losing control in the first place. It is clear that from the problems identified in both South African law and English law concerning the defence of provocation the courts in each jurisdiction will have to pay careful attentio n to the problems highlighted and apply the law in such a way so as to ensure clarity and legal certainty.
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