Law of Procedure and Law of Evidence
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Simplification of the South African criminal trial process: a psycholinguistic approach
(University of the Free State, 1998-11)English:In this research the validity of the following two hypotheses are tested within the broad framework of the right of an accused person to a fair trial, as embodied in section 35 of the Constitution of the Republic ... -
Legal educators – the peddler of precedent, the skill builder and the socially conscious knowledge generator
(University of the Free State, 2014)The time is rife to encourage law teachers to evaluate their individual subjective views of the law before embarking on another study of best-suited methodologies for modular teaching. This article does not aim to entertain ... -
The best interests of the child in school discipline in South Africa
(Tilburg University, 2013-06-28)No abstract available. -
South Africa's obligation as member state of the International Criminal Court: the Al-Bashir controversy
(Faculty of Law, University of the Free State, 2015)This article is a commentary on the judgement of the North Gauteng High Court on 24 June 2015 in the matter of The Southern Africa Litigation Centre v Minister of Justice and Constitutional Development, which dealt with ... -
The emergence of a modern international criminal justice order
(University of the Free State, 2006-05)English: This study has investigated the emergence of an international criminal justice order from its inception to its current status. It has investigated the emergence of an international criminal justice order by referring ... -
A historical and comparative study of human rights violations in criminal investigations in Lesotho
(University of the Free State, 2010-11)English: The issue of human rights violations in criminal investigation emerges as one of the much debated subjects amongst academics since the inception of the idea of the fundamental human rights all over the world. Human ... -
Inkwisatoriese en akkusatoriese elemente in die Amerikaanse pleitonderhandelingsproses: rigtingwyser of waarskuwingsteken?
(Faculty of Law, University of the Free State, 2002-06)No abstract available -
Universal jurisdiction as procedural tool to institute prosecutions for international core crimes
(Faculty of Law, University of the Free State, 2007-06)English: The establishment of the International Criminal Court (ICC) with its intended purpose of ending the cycle of impunity that has notoriously attached to the perpetrators of gross human rights violations in the past ... -
Addressing domestic violence: to what extent does the law provide effective measures?
(Faculty of Law, University of the Free State, 2004)English: The high incidence of domestic violence in South Africa calls for a competent legal response. The Constitution as well as international human rights conventions oblige the state to protect human rights, including ... -
Sexual Offences Courts: better justice for children?
(Faculty of Law, University of the Free State, 2006-12)English: Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ... -
Are the rights of the disabled a reality in South Africa? Part One
(Faculty of Law, University of the Free State, 2003-12)English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied ... -
Are the rights of the disabled a reality in South Africa? Part two
(Faculty of Law, University of the Free State, 2004-06)English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied ... -
The demise of the Roman-Dutch 'kommer-recht: interpretation of statutes so as to conform to the spirit, purport and objects of the South African Bill of Rights
(Faculty of Law, University of the Free State, 2009-06)English: The Supreme Court of Appeal (in a judgment dated 23.11.07) in the case of Bid Industrial Holdings v Strang (2007) SCA 144 (RSA) (now cited as 2008(3) SA 355 (SCA)) held that the common-law requirement of arrest ... -
Sexual Offences Courts in South Africa: quo vadis?
(Faculty of Law, University of the Free State, 2008-12)English: Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following : several investigations into these courts ... -
Dignity: the missing building block in South African schools?
(Faculty of Law, University of the Free State, 2010)English: There is a dire need in South Africa to build a strong education system to meet the needs and expectations of its people. Unfortunately, education is currently in an unacceptable state, with, inter alia, escalating ... -
Dying to starve: a comparative analysis of legal aspects relating to consent in force-feeding of both minor and adult anorexic patients
(Faculty of Law, University of the Free State, 2010-12)English: The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is ... -
Die bekostigbaarheid van 'n aktiewe verdedigingsreg in die Suid-Afrikaanse strafregstelsel
(Faculty of Law, University of the Free State, 2014)English: Oscar Pistorius' bail application highlighted equality concerns within criminal justice. In essence, it demonstrated an imbalance of the right to equality before the law, and its associated right to equal protection ...