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)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/701 |
| Date | 06 1900 |
| Creators | Palmer, Eshaam |
| Contributors | Van der Merwe, D. P., Cilliers, C. H. |
| Source Sets | South African National ETD Portal |
| Language | English, English |
| Detected Language | English |
| Type | Thesis |
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