scholarly journals The South African Drugs and Drug Trafficking Act 140 of 1992 Read with the South African Criminal Law Amendment Act 105 of 1997: An Example of a One Size Fits All Punishment?

2016 ◽  
Vol 27 (2) ◽  
pp. 227-254 ◽  
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Law ◽  
Drug Trafficking ◽  
The South

Criminological Science and the Criminal Law on the Colonial Periphery: Perception, Fantasy, and Realities in South Africa, 1900-1930

1995 ◽  
Vol 20 (04) ◽  
pp. 911-939 ◽  
Author(s):  
Martin Chanock
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
South African ◽  
Criminal Law ◽  
Sense Of Self ◽  
African State ◽  
Early Years ◽  
The South ◽  
Legal Doctrine ◽  
Self And Other

This article, by framing criminology and criminal law together, suggests that in the early years of the South African state both bodies of discourse served to evade reality and to construct a sense of self and other as a part of the development of the administration of South African criminal law. It considers the derivation of South African criminology from contemporary metropolitan formulations. South African legal doctrine and practice likewise depended on extra-South African sources. These imported discourses provided lenses through which a descriptive confrontation with the realities of the processes of criminalization, and the administration of criminal justice could be avoided precisely by hose “expert” in these fields. Instead, science and law, far from being pragmatic disciplines, provided the means by which to fantasize about the nature of white justice and black criminality.

scholarly journals MARITAL RAPE: A TALE OF TWO LEGAL SYSTEMS

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Oyebanke Yebisi ◽  
Victoria Balogun
Keyword(s):  
South Africa ◽  
South African ◽  
Criminal Law ◽  
Common Law ◽  
Case Law ◽  
Criminal Code ◽  
Marital Rape ◽  
The South ◽  
Sexual Offences ◽  
The Common

Marital rape is a form of sexual violence, which is often downplayed due to the common law position that a man cannot rape his wife. While certain jurisdictions have enacted laws criminalising it, other jurisdictions have yet to criminalise it. This paper focuses on the criminal aspects of marital rape and examines the laws regarding marital rape in South Africa and the general rape provisions in Nigeria. While marital rape is punishable under South African criminal law, it is not in Nigeria. In this paper, the provisions of the South African Criminal Law (Sexual Offences and Other Related Matters) Act of 2007, the Criminal Code Act, and the Penal Code Act – Nigeria in relation to rape and marital rape – are analysed. This paper also discusses the South African Sexual Offences Court, sentencing for rape in the selected countries, and relevant case law. It concludes that South Africa (SA) has a generally good framework with respect to rape and marital rape, but the country should work more on the strict application of the laws in place. It also suggests that Nigeria should establish a sexual offences court using the South African model and should amend the Criminal Law to expressly criminalise marital rape.

scholarly journals Ubuntu: An African Equity

2017 ◽  
Vol 14 (4) ◽  
pp. 29 ◽  
Author(s):  
Thomas W Bennett
Keyword(s):  
South African ◽  
Criminal Law ◽  
Constitutional Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
The South ◽  
The Law

In this paper the uses of ubuntu in constitutional law, criminal law, administrative law, the law of property, family law, delict and contract are investigated.  Furthermore the theoretical objections to the use of ubuntu are stated and responded to.  It is found that ubuntu provides the South African courts with a metanorm similar to the English notion of equity and that it is being deployed to give voice to something distinctively African.  It promises to lay the foundations for a cohesive, plural, South African legal culture", characterised by notions such as reconciliation, sharing, compassion, civility, responsibility, trust and harmony.

Exploring recidivism in the South African context.

1998 ◽  
Author(s):  
Belinda Bedell ◽  
Nicholas Challis ◽  
Charl Cilliers ◽  
Joy Cole ◽  
Wendy Corry ◽  
...  
Keyword(s):  
South African ◽  
South African Context ◽  
The South ◽  
African Context

Macroinvertebrate variability between microhabitats of peritidal stromatolites along the South African coast

2018 ◽  
Vol 605 ◽  
pp. 37-47 ◽  
Author(s):  
RA Weston ◽  
R Perissinotto ◽  
GM Rishworth ◽  
PP Steyn
Keyword(s):  
South African ◽  
The South ◽  
African Coast
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