Masters Degrees (Public Law)

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    ItemOpen Access
    The symbiotic integration of theory and practice: a sui generis approach
    (University of the Free State, 2009) Bezuidenhout, I. J.; Swanepoel, C. F.
    𝑬𝒏𝒈𝒍𝒊𝒔𝒉 The teaching of a substantive law subject and the teaching of a practical skills course have the potential for integration. Students should leave institutions of higher learning with theoretical knowledge, practical skills and the ability to integrate both in pursuit of a career. In order to produce well qualified graduates, more attention ought to be paid to practical legal training in the initial years of study. This study intends to recommend possible solutions towards the integration of legal theory and skills. This study advocates the full integration of theory and practice in the law curriculum and will further argue that clinical legal education is the best vehicle to achieve this. The study will conclude that clinical legal education should be viewed as the culmination point of other skills training options. The South African solution to legal education may lie in an approach which combines different methodologies in all four years of the LL. B degree. ___________________________________________________________________
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    Exploring the criminalisation of rape in modern times: A comparative study
    (University of the Free State, 2021) Peens, Janine; Botha, R
    South Africa’s rape statistics are extensively reported on, familiar to all, and shock not only South Africans, but people across the globe. These rape statistics are alarming and emphasise the seriousness of the rate at which the crime of ‘rape’ is committed in South Africa. Below is a brief summary of reported rape statistics since 1988. During 1988, there were 19 308 cases of rape reported to the South African Police Service.¹ Before the end of the apartheid era in 1994, the rape of a black woman was not taken that seriously.² At the end of 1994, when the rape of black women was considered more serious, there were 44 751 reported cases of rape.³ During 2018/2019, the South African Police Service recorded 41 583 cases of rape, which amounted to approximately 114 cases of rape each day.⁴ A Gallup survey done in collaboration with Interpol during 2009 stated the following when the results were released: “A woman is raped every 17 seconds in South Africa”.⁵ This amounts to 5 000 women being raped per day; 35 000 women per week; 150 000 women per month; and 1 800 000 women being raped per year.⁶ Thus, when looking at the statistics mentioned above, it is understandable that South Africa has been labelled as the “Rape Capital of the World”.⁷ Traditionally, according to South Africa’s Common Law, women were seen as less important than men. During the late Middle Ages, from the 13th to the 15th century, the sentence for rape was a fine payable to the father of the victim.⁹ In 1841, rape was defined in South African law as the unlawful and intentional intercourse with a woman by a man.¹º After this development, sentencing developed in such a way that in 1887 the only sentence deemed fit for raping a woman was the death sentence.¹¹ Since 1994, there have been many developments in South Africa regarding the legal position of rape, especially concerning legislation dealing with the sentencing of rapists. The Common Law position concerning the sentencing of rape was repealed and the Criminal Law Amendment Act 105 of 1997 took effect in 1998. The Act abolished the death penalty in accordance with Constitutional Court ruling, and mandatory minimum sentences were set out for rape.¹²
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    A critical analysis of medical parole in South Africa: a comparative study
    (University of the Free State, 2023) Sease, Karabo; Botha, Rinda
    In the early ages, the word "parole", originating from French, which means "word of honour", related to a promise by a captured soldier upon release not to take arms against his captor.¹ The word parole then later referred to a prisoner's promise not to attempt to escape from prison.² Since 1995, parole has been defined as a system of discretionary release of inmates from prison before finishing the maximum limit of their sentence.³ It is also a system of supervision and reintegration into the community until the end of the sentence.⁴ The philosophy of parole emanates from the view that an offender can serve part of his sentence in the community, which becomes one phase of the treatment process.⁵ Medical parole, sometimes called "compassionate release", is a specific form of parole and allows prisoners to seek early release from prison if they have terminal, other or chronic and age-related health issues.⁶ Medical parole is a correctional policy intended to benefit prisoners with specified health conditions by releasing them to parole before their expected release date.⁷ Different countries have different criteria in place which assist in determining eligibility for medical parole.⁸ In general, the eligibility for medical parole depends on the inmates' inability to perform activities of daily living or needing 24-hour nursing care.⁹ South Africa, like most other countries, has medical parole. The 𝘊𝘰𝘳𝘳𝘦𝘤𝘵𝘪𝘰𝘯𝘢𝘭 𝘚𝘦𝘳𝘷𝘪𝘤𝘦𝘴 𝘈𝘤𝘵 111 of 1998 regulates the release of prisoners on medical parole in South Africa.¹º The amended and current section 79(1) of the Act stipulates: Any sentenced offender may be considered for placement on medical parole, by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if— (a) such offender is suffering from a terminal disease or condition or if such offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care. (b) the risk of re-offending is low; and (c) there are appropriate arrangements for the inmate's supervision, care and treatment within the community to which the inmate is to be released.¹¹ Despite amendments made, the medical parole system in South Africa still faces criticism. The release of Shabir Shaik, the financial advisor of former President Jacob Zuma, on medical parole after serving only three years of his fifteen years triggered public debate and put the issue of medical parole in the spotlight.¹² The early release of Mr Jacob Zuma has also brought the spotlight on the system and more criticism.¹³ Another issue which raised eyebrows was the fact that according to a study by Albertus,¹⁴ 60 per cent of prisoners released on medical parole did not die after being placed on parole.