The Case of the Schabir Shaik Trial Patience Thembeka
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The South African Criminal Law's Response to The
THE SOUTH AFRICAN CRIMINAL LAW’S RESPONSE TO THE CRIMES OF FRAUD AND CORRUPTION WITHIN LOCAL GOVERNMENT by STEPHANIE NAIDOO Submitted in accordance with the requirements of the degree of MASTERS OF LAW (LLM) in the subject PUBLIC LAW at the UNIVERSITY OF PRETORIA SUPERVISOR: PROFESSOR G.P. STEVENS OCTOBER 2016 © University of Pretoria ii DECLARATION OF ORIGINALITY UNIVERSITY OF PRETORIA The Department of Public Law places great emphasis upon integrity and ethical conduct in the preparation of all written work submitted for academic evaluation. While academic staff teach you about referencing techniques and how to avoid plagiarism, you too have a responsibility in this regard. If you are at any stage uncertain as to what is required, you should speak to your lecturer before any written work is submitted. You are guilty of plagiarism if you copy something from another author’s work (eg a book, an article or a website) without acknowledging the source and pass it off as your own. In effect you are stealing something that belongs to someone else. This is not only the case when you copy work word-for-word (verbatim), but also when you submit someone else’s work in a slightly altered form (paraphrase) or use a line of argument without acknowledging it. You are not allowed to use work previously produced by another student. You are also not allowed to let anybody copy your work with the intention of passing if off as his/her work. Students who commit plagiarism will not be given any credit for plagiarised work. The matter may also be referred to the Disciplinary Committee (Students) for a ruling. -
Country Guide South Africa
Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency -
Counting the Covert for Classifying Or Analysing Corruption, Which Makes the Pretoria, South Africa Interpretation of Available Information Very Difficult
COUNT About this monograph ISS Pretoria Block C, Brooklyn Court I This monograph investigates concerns about quantifying NG THE 361 Veale Street corruption in South Africa. There is no standardised system New Muckleneuk Counting the covert for classifying or analysing corruption, which makes the Pretoria, South Africa interpretation of available information very difficult. The Tel: +27 12 346 9500 Using data to understand Fax: +27 12 460 0998 monograph puts forward a more clearly defined system C [email protected] for categorising corruption. It uses this to consider the U OVERT: corruption in South Africa circumstances in which corruption becomes visible and ISS Addis Ababa David Bruce to interpret corruption data from victimisation surveys and 5th Floor, Get House Building agencies such as the Special Investigating Unit, the South Africa Avenue African Police Service and Public Service Commission. Addis Ababa, Ethiopia Tel: +251 11 515 6320 SI Fax: +251 11 515 6449 NG About the author [email protected] David Bruce is an independent researcher and writer D working in the fields of policing, crime and violence. From ISS Dakar TO UN ATA 1996 to 2011 he worked at the Centre for the Study of 4th Floor, Immeuble Atryum Violence and Reconciliation. He has a master’s degree in Route de Ouakam Dakar, Senegal public and development management from the School of Tel: +221 33 860 3304/42 Public and Development Management at the University of Fax: +221 33 860 3343 the Witwatersrand. [email protected] D ISS Nairobi ER About the ISS Braeside Gardens S The Institute for Security Studies is an African organisation off Muthangari Road TAN that aims to enhance human security on the continent. -
Undamaged Reputations?
UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation CENTRE FOR THE STUDY OF VIOLENCE AND RECONCILIATION Criminal Justice Programme October 2007 UNDAMAGED REPUTATIONS? Implications for the South African criminal justice system of the allegations against and prosecution of Jacob Zuma AUBREY MATSHIQI CSVRCSVR The Centre for the Study of Violence and Reconciliation Supported by Irish Aid ABOUT THE AUTHOR Aubrey Matshiqi is an independent researcher and currently a research associate at the Centre for Policy Studies. Published by the Centre for the Study of Violence and Reconciliation For information contact: Centre for the Study of Violence and Reconciliation 4th Floor, Braamfontein Centre 23 Jorissen Street, Braamfontein PO Box 30778, Braamfontein, 2017 Tel: +27 (11) 403-5650 Fax: +27 (11) 339-6785 http://www.csvr.org.za © 2007 Centre for the Study of Violence and Reconciliation. All rights reserved. Design and layout: Lomin Saayman CONTENTS Acknowledgements 4 1. Introduction 5 2. The nature of the conflict in the ANC and the tripartite alliance 6 3. The media as a role-player in the crisis 8 4. The Zuma saga and the criminal justice system 10 4.1 The NPA and Ngcuka’s prima facie evidence statement 10 4.2 The judiciary and the Shaik judgment 11 5. The Constitution and the rule of law 12 6. Transformation of the judiciary 14 7. The appointment of judges 15 8. The right to a fair trial 17 9. Public confidence in the criminal justice system 18 10. -
A Case Study of the Charges Against Jacob Zuma
• THE MEDIA AND SOCIAL CONSTRUCTION OF REALITY: A CASE STUDY OF THE CHARGES AGAINST JACOB ZUMA By Lungisile Zamahlongwa Khuluse Submitted in Partial Fulfilment for the Requirements of the Master of Arts: Social Policy, University of Kwazulu Natal: Durban. February 2011 DECLARATION Submitted in partial fulfilment of the requirements for the degree of MA S_o(:ialPolic;:y, in the Graduate Programme in SQ_ (:iaLPQli~y, University of KwaZulu-Natal, South Africa. I declare that this dissertation is my own unaided work. All citations, references and borrowed ideas have been duly acknowledged. I confirm that an external editor was not used. This dissertation is being submitted for the degree of MA_S_odaLpQIic;:y in the Faculty of Humanities, Development and Social Science, University of KwaZulu Natal, South Africa. None of the present work has been submitted previously for any degree or examination in any other University. Lungisile Zamahlongwa Khuluse Student name 29 February 2011 Date prof. p. M. Zulu Supervisor ACKNOWLEDGEMENTS Firstly I would like to thank the Lord Almighty for giving me strength and resources to complete this dissertation. I am indebted to my parents, Jabulisile Divi Khuluse and Sazi Abednigo Khuluse for their support, love, patience and understanding; I thank them for inspiring me to be the best I can possibly be and for being my pillar of strength. I am grateful to my siblings Lihle, Sfiso and Mpume 'Pho' for all their support. I thank my grandmother Mrs. K. J. Luthuli. Gratitude is also due to my friends Nontobeko Nzama, Sindisiwe Nzama, Nenekazi Jukuda, Zonke Khumalo, Jabulile Thusi, and Hlalo Thusi, for being there for me. -
Governance and Corruption Parole and Sentencing
Project of the Community Law Centre CSPRI '30 Days/Dae/Izinsuku' April CSPRI '30 Days/Dae/Izinsuku' April 2010 2010 In this Issue: GOVERNANCE AND CORRUPTION PAROLE AND SENTENCING PRISON CONDITIONS SECURITY AND ESCAPES SOUTH AFRICANS IMPRISONED ABOARD OTHER OTHER AFRICAN COUNTRIES Top of GOVERNANCE AND CORRUPTION Page Prisons to increase self sufficiency: The Minister of Correctional Services, Nosiviwe Mapisa-Nqakula, is reported to be considering returning to the system in which prisoners worked on prison farms to produce food for their own consumption. According to the report, prisoners would produce their own food in future to ease pressure on the budget of the Department of Correctional Services. The department currently pays catering contractors millions of rand per year to run prison kitchens and feed prisoners. The Minister said, under the Correctional Services Act, prisoners are supposed to work but this is uncommon in South African prisons. Reported by Siyabonga Mkhwanazi, 6 April 2010, IOL, at http://www.iol.co.za/index.phpset_id=1&click_id=13&art_id=vn20100406043212436C595118 Top of PAROLE AND SENTENCING Page Court releases sick prisoner on humanitarian grounds: The Bellville Specialised Commercial Crimes Court has converted a six-year prison term of a terminally ill prisoner to one year, IOL reported. Stephen Rosen was sentenced to six years imprisonment after being convicted on 101 counts of fraud involving R1, 86 million. According to the IOL report, Magistrate Amrith Chabillal said "You need to understand that your criminal history goes against you and that it's only on humanitarian grounds that I am ruling in favour of your release from prison". -
South African Churches Under.Attack
Y K on the World Council of Churches' supporters of southern Afi Program to Combat Racism. liberation movements we But why no mention in that same implicitly or explicitly accep editorial of their vicious red-baiting idea that the anti-apartheid r of the path-breaking October 1981 ment here was a "CP front." Conference in Solidarity with the would be a mirror image of R Liberation Struggles of the Peoples ia's view that the African N t Dear Friends: Africa held at New Congress of South Africa isma feels apprehensive in of Southern One always York's Riverside Church? Or do you lated and directed by the E writing a publication one admires accept the absurd notion that this African Communist Party am only when severe criticism arises. mass upsurge of anti-apartheid, Sldvo. I trust that you will spea But the alternative of looking the anti-imperialist sentiment was all a on this matter in the near f other way is even more ghastly to devious and manipulative effort and vigorously protest "60 contemplate. I refer to the editorial by the Communist utes' red-baiting. issue ["The Gos manufactured in your March 1983 silence on this to CBS"] that torrect Party, USA? Your pel According question was deafening. ly raked CBS and "60 Minutes" over Solid the coals for their unseemly attack It would be ironic indeed if US Dr. Gerald. Southern Africa is in the news and what better way to stay up-to-date than with Southern Africa Magazine? Since 1965, Southern Africa has been provid e Extensive coverage of developments in tl ing consistent, reliable and often exclusive cov Frontline States: ZIMBABWE: information erage of political and economic developments in political developments and rural developmer southern Africa. -
Brazilian Journal of Strategy & International Relations Revista
ISSN 2238-6262 / e-ISSN 2238-6912 Brazilian Journal of Strategy & International Relations Revista Brasileira de Estratégia e Relações Internacionais Porto Alegre, v.7, n.13 | Jan./Jun. 2018 Austral Porto Alegre v.7, n.13 p. 1-323 Jan./Jun. 2018 About the Journal AUSTRAL: Brazilian Journal of Strategy and International Relations was the first Brazilian journal in the area of International Relations to be fully pub- lished in English (2012). It is an essentially academic vehicle, linked to the Brazil- ian Centre for Strategy & International Relations (NERINT) and the Doctoral Pro- gram in International Strategic Studies (PPGEEI) of the Faculty of Economics (FCE) of the Universidade Federal do Rio Grande do Sul (UFRGS). Its pluralist focus aims to contribute to the debate on the international political and economic order from the perspective of the developing world. The journal publishes original articles in the area of Strategy and Inter- national Relations, with special interest in issues related to developing countries and South-South Cooperation – its security problems; the political, economic and diplomatic developments of emerging countries; and their relations with the traditional powers. AUSTRAL is published semi-annually in English and Portu- guese. The journal’s target audience consists of researchers, experts, diplomats, military personnel and graduate students of International Relations. The content of the journal consists of in-depth analytical articles written by experts (Professors and Doctors), focusing on each of the great continents of the South: Asia, Latin America and Africa. Thus, the debate and diffusion of knowledge produced in these regions is stimulated. All contributions submitted to AUSTRAL are subject to rigorous scientific evaluation. -
The Judiciary As a Site of the Struggle for Political Power: a South African Perspective
The judiciary as a site of the struggle for political power: A South African perspective Freddy Mnyongani: [email protected] Department of Jurisprudence, University of South Africa (UNISA) 1. Introduction In any system of government, the judiciary occupies a vulnerable position. While it is itself vulnerable to domination by the ruling party, the judiciary must at all times try to be independent as it executes its task of protecting the weak and vulnerable of any society. History has however shown that in most African countries, the judiciary has on a number of occasions succumbed to the domination of the ruling power. The struggle to stay in power by the ruling elite is waged, among others, in the courts where laws are interpreted and applied by judges who see their role as the maintenance of the status quo. To date, a typical biography of a post-independence liberation leader turned president would make reference to a time spent in jail during the struggle for liberation.1 In the post-independence Sub-Saharan Africa, the situation regarding the role of the judiciary has not changed much. The imprisonment of opposition leaders, especially closer to elections continues to be a common occurrence. If not that, potential opponents are subjected to charges that are nothing but a display of power and might. An additional factor relates to the disputes surrounding election results, which inevitably end up in court. The role of the judiciary in mediating these disputes, which are highly political in nature, becomes crucial. As the tension heats up, the debate regarding the appointment of judges, their ideological background and their independence or lack thereof, become fodder for the media. -
A Study Into the Meanings of Sports As a Medium of HIV Awareness in a South African Township
Active HIV Awareness A study into the meanings of sports as a medium of HIV awareness in a South African township Utrecht University Utrecht School of Governance Organization, Culture & Management Author: Maikel Waardenburg Utrecht, February 2006 Active HIV Awareness A study into the meanings of sports as a medium of HIV awareness in a South African township Utrecht University Utrecht School of Governance Organization, Culture & Management Supervisor: drs. Marinette Oomen Author: Maikel Waardenburg Himalaya 164 3524 XJ Utrecht, the Netherlands [email protected] Student number: 0144274 Utrecht, February 2006 The picture on the cover of this document is property of Martijn Bergmans Extensive paper written for the final year of the study ‘Public Administration & Organizational Science’ at Utrecht University Active HIV Awareness Contents Summary iv List of Tables and Figures vi List of Abbreviations vii Acknowledgements viii Introduction 1 Chapter 1 Research Design 3 1.1 Central Research Question 3 1.2 Research Paradigm 4 1.3 Research Object 5 1.4 Research Methods 5 1.4.1 Observations 5 1.4.2 Interviews 6 1.4.3 Participation 7 1.5 Public and Scientific Relevance 8 Chapter 2 The Big Picture 10 2.1 Early South Africa 10 2.2 Political Struggle in South Africa 11 2.3 Present-day South Africa 13 2.3.1 Present-day Government & Politics 14 2.3.2 Economy of South Africa 16 2.3.3 Socio-cultural features of South Africa 17 2.4 The HIV/AIDS Pandemic in South Africa 17 2.4.1 HIV Determinants in South Africa 19 2.4.2 Government’s Response -
12-Politcsweb-Going-Off-The-Rails
http://www.politicsweb.co.za/documents/going-off-the-rails--irr Going off the rails - IRR John Kane-Berman - IRR | 02 November 2016 John Kane-Berman on the slide towards the lawless South African state GOING OFF THE RAILS: THE SLIDE TOWARDS THE LAWLESS SOUTH AFRICAN STATE SETTING THE SCENE South Africa is widely recognised as a lawless country. It is also a country run by a government which has itself become increasingly lawless. This is so despite all the commitments to legality set out in the Constitution. Not only is the post–apartheid South Africa founded upon the principle of legality, but courts whose independence is guaranteed are vested with the power to ensure that these principles are upheld. Prosecuting authorities are enjoined to exercise their functions “without fear, favour, or prejudice”. The same duty is laid upon other institutions established by the Constitution, among them the public protector and the auditor general. Everyone is endowed with the right to “equal protection and benefit of the law”. We are all also entitled to “administrative action that is lawful, reasonable, and procedurally fair”. Unlike the old South Africa – no doubt because of it – the new Rechtsstaat was one where the rule of law would be supreme, power would be limited, and the courts would have the final say. This edifice, and these ideals, are under threat. Lawlessness on the part of the state and those who run it is on the increase. The culprits run from the president down to clerks of the court, from directors general to immigration officials, from municipal managers to prison warders, from police generals to police constables, from cabinet ministers to petty bureaucrats. -
Afrimap SA Policy Doc.Indd 1 11/28/05 9:47:06 AM Copyright © 2005 by the Open Society Foundation for South Africa
South Africa Justice Sector and the Rule of Law A DISCUSSION PAPER AfriMAP and Open Society Foundation for South Africa 2005 OPEN SOCIETY FOUNDATION Afrimap SA Policy doc.indd 1 11/28/05 9:47:06 AM Copyright © 2005 by the Open Society Foundation for South Africa. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form, or by any means, without the prior permission of the publisher. Published by: Open Society Foundation for South Africa ISBN: 1-920051-23-6 For more information, contact: AfriMAP Open Society Foundation 5th Floor, Cambridge House 100 Cambridge Grove London, W6 OLE, United Kingdom www.afrimap.org Open Society Foundation for South Africa Colinton House, The Oval 1 Oakdale Road Newlands, 7700, South Africa www.osf.org.za Design by: Jeanne Criscola/Criscola Design, New York Layout and printing by: comPress, South Africa Cover image: Headband, 20th century Ndebele; South Africa Glass beads, fiber 20 1/4 x 2 1/2 in. Collection of the Orlando Museum of Art, gift of Norma Canelas and William D. Roth Afrimap SA Policy doc.indd 2 11/28/05 9:47:06 AM Contents Introduction 1 I: International human rights treaties 3 II: Independence of the judiciary and the National Prosecuting Authority 7 A. Independence of the judiciary 7 B. Independence of the National Prosecuting Authority 13 III: Implementation of new laws 15 A. Improving the technical quality of new legislation 15 B. Implementation of court judgments 17 C. Specialist courts and proposed changes to the court structure 20 IV: Crime and punishment 23 A.