scholarly journals A Comparative Analysis of the Application of the 1951 Refugee Convention to Victims of Sexual Violence in South Africa, Tanzania and Uganda

2020 ◽  
Vol 23 ◽  
pp. 1-55
Author(s):  
DR Oghenerioborue Esther Eberechi
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Criminal Justice ◽  
Sexual Violence ◽  
South African ◽  
Sexual Offences ◽  
Refugee Convention ◽  
Urban Refugees ◽  
Criminal Justice Systems ◽  
The Status

This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees (1951 Refugee Convention). It does so by comparing the situation of urban refugees in South Africa with that of refugees in camps in Tanzania and settlements in Uganda, beginning with a description of what "accessing courts" entails in the respective domestic criminal justice systems and of what mechanisms are in place for addressing sexual offences. It further uses the qualitative analysis of documented prosecuted cases of sexual violence in South African, Tanzanian and Ugandan courts between 2013-2017, 2009-2016 and 2013-2017 respectively to establish if these countries prosecute cases of sexual violence suffered by their citizens and whether claims of such violations affecting refugees also enjoy the same treatment. The enquiry found that of 328 documented prosecuted cases of sexual offences in South Africa, victims who were citizens were a majority in number. In Tanzania there appeared to be few prosecuted cases of sexual violence against refugees, but given that limited documentation is available, it is difficult to assess the actual figures. In Uganda the 187 recorded prosecuted cases of sexual offences in the years of investigation all related to citizens, despite the introduction of a mobile court to refugee settlements. Overall, this paper recommends that the countries under review adopt measures to ensure the prompt prosecution of cases of sexual violence against refugees and thereby enable them to access courts and testify against their assailants.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

Integrative taxonomic methods reveal an incorrect synonymisation of the South African Pseudonereis podocirra (Schmarda) as the widespread Pseudonereis variegata (Grube) from Chile

2018 ◽  
Vol 32 (6) ◽  
pp. 1282 ◽  
Author(s):  
Jyothi Kara ◽  
Angus H. H. Macdonald ◽  
Carol A. Simon
Keyword(s):  
South Africa ◽  
South African ◽  
Species Delimitation ◽  
Haplotype Network ◽  
The Body ◽  
General Description ◽  
The South ◽  
Morphological Examination ◽  
Genetic Structuring ◽  
The Status

The nereidid Pseudonereis variegata (Grube, 1866) described from Chile includes 14 synonymised species from 10 type localities with a discontinuous distribution, but no taxonomic or molecular studies have investigated the status of this species outside Chile. Two synonymised species, Mastigonereis podocirra Schmarda, 1861 and Nereis (Nereilepas) stimpsonis Grube, 1866, were described from South Africa and investigated here using morphological examination. MtCOI species delimitation analyses and morphology were used to determine the status of P. variegata in South Africa. Morphological examination revealed that museum and freshly collected specimens from South Africa that conform to the general description of P. variegata are similar to M. podocirra and N. stimpsonis with respect to the consistent absence of homogomph spinigers in the inferior neuropodial fascicle, expanded notopodial ligules and the subterminal attachment of dorsal cirri in posterior parapodia. The synonymy of M. podocirra and N. stimpsonis as P. variegata are rejected and P. podocirra, comb. nov. is reinstated. Morphologically, Pseudonereis podocirra differed from specimens from Chile with regard to the numbers of paragnaths, the absence of homogomph spinigers and changes in parapodial morphology along the body. Independence of these species was further supported by genetic distances, automatic barcode gap discovery and multi-rate Poisson tree process species delimitation analyses of 77 mtCOI sequences. Haplotype network revealed no genetic structuring within the South African populations. http://zoobank.org/urn:lsid:zoobank.org:pub:F0B1A5AF-9CE9-4A43-ACCF-17117E1C2F21

scholarly journals Resource requirements for community-based care in rural, deep-rural and peri-urban communities in South Africa: A comparative analysis in 2 South African provinces

PLoS ONE ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. e0218682 ◽  
Author(s):  
Donela Besada ◽  
Daygan Eagar ◽  
Russel Rensburg ◽  
Gugu Shabangu ◽  
Salamina Hlahane ◽  
...  
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Urban Communities ◽  
South African ◽  
Community Based ◽  
Resource Requirements

scholarly journals “You Mix Up the Thinking, and then You Look at the Journey”: ‘Pausing’ to Reflect on Masculinities in a South African Township

2020 ◽  
pp. 1097184X2092587
Author(s):  
Antonella (Toni) Pyke
Keyword(s):  
South Africa ◽  
Sexual Violence ◽  
South African ◽  
Black Men ◽  
Low Income ◽  
Democratic Governance ◽  
Minority Literature ◽  
South African Township ◽  
Gender Change ◽  
Men And Masculinity

Changes in political, social, and economic structures in South Africa during the transition from apartheid to democratic governance in 1994 have put men and masculinity/ies under public and scholarly scrutiny. Attention has generally focused on the links between masculinity and violence, particularly among black men from low-income backgrounds, in attempts to understand the widespread levels of sexual violence throughout the country. Together, but in tension with the focus on men and violence, has been a literature that documents gender change in South Africa. This literature argues for example, that men are embracing fatherhood and becoming more engaged in childcare. Nevertheless this is a minority literature that is overshadowed by a focus on men and violence. In this article, I reflect on the lives of a group of men living in Alexandra township in Johannesburg, who are exploring what it means to be a man in a contemporary township setting, and the issues and challenges they face in attempts to transition their masculine identities.

“Experience that Generates Experience”: The Influence of the Comedy in three South African Writings

2021 ◽  
pp. 131-142
Author(s):  
Marco Medugno
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Creative Writing ◽  
South African ◽  
Historical Context ◽  
Divine Comedy ◽  
The South ◽  
Literary Context ◽  
Divine Justice

This article aims to explore the intertextual relationships between Dante’s Divine Comedy and three pieces of creative writing: Chariklia Martalas’ “A Mad Flight into Inferno Once Again”, Thalén Rogers’ “The Loadstone” and Helena van Urk’s “The Storm”. By employing a comparative analysis, I argue that, even though decontextualised, the Comedy still represents a fruitful aesthetic source for representing particularly war-torn and violent contexts such as South Africa during apartheid and colonialism. I explore how the authors, through intertextual references and parodic rewriting, both re-configure the poem and challenge some of the Comedy’s moral assumptions and the idea of (divine) justice. I aim to show how Dantean Hell, far from being an otherworldly realm, is in fact transfigured and adapted to effectively represent (and make sense of) a historical context. In other words, through an intertextual analysis, this analysis tries to understand why and how the Comedy resonates with the South African socio-political (and literary) context.

scholarly journals The status of rhinoceroses in South African National Parks

Koedoe ◽  
2017 ◽  
Vol 59 (1) ◽  
Author(s):  
Sam M. Ferreira ◽  
Charlene Bissett ◽  
Carly R. Cowell ◽  
Angela Gaylard ◽  
Cathy Greaver ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
National Parks ◽  
National Park ◽  
Kruger National Park ◽  
The South ◽  
South Central ◽  
The Status ◽  
Annual Population ◽  
Block Based

African rhinoceroses (rhinos) experienced a poaching onslaught since 2008 with the epicentre in South Africa where most of the world’s rhinos occur. South African national parks, under the management of South African National Parks (SANParks), are custodian to 49% of South Africa’s white and 31% of the country’s black rhinos. We collated information on rhino population sizes in seven national parks from 2011 to 2015. We include and report on rhino surveys in Kruger National Park during 2014 and 2015. Southwestern black rhinos increased over the study period, which allows SANParks to achieve its contribution to South Africa’s 2020 target of 260 individuals. South-central black rhinos declined over the study period because of poaching in the Kruger National Park, making it difficult for SANParks to realise a 9% increase per annum for its expected contribution to the South African target of 2800 individuals. For southern white rhinos, SANParks requires 5% annual growth for its contribution to the South African target of 20 400 individuals. To continue to evaluate the achievement of these targets, SANParks needs annual population estimates relying on total counts, mark-recapture techniques and block-based sample counts to track trends in rhino populations. SANParks’ primary challenge in achieving its contribution to South Africa’s rhino conservation targets is associated with curbing poaching in Kruger National Park.Conservation implications: The status and trends of rhino species in SANParks highlight key challenges associated with achieving the national targets of South Africa. Conservation managers will need to improve the protection of southern white rhino, while the Department of Environmental Affairs need to be made aware of the challenges specifically associated with not achieving targets for south-central black rhino. Outcomes for south-western black rhino have already realised and the good conservation efforts should continue.

scholarly journals SOUTH AFRICAN NATIONAL DEFENCE FORCE (SANDF) DROPS CHARGES AGAINST HIJAB-WEARING OFFICER: CASE IN POINT SOUTH AFRICA

2021 ◽  
Vol 29 (2) ◽  
pp. 195-206
Author(s):  
Ashraf Booley
Keyword(s):  
South Africa ◽  
South African ◽  
Bill Of Rights ◽  
The People ◽  
Great Debate ◽  
The Status ◽  
Religious Statement ◽  
The Veil ◽  
South African Constitution ◽  
First Time

Over the last few decades, a piece of fabric has become a powerful and divisive symbol worldwide. Since the tragic events of 9/11, this piece of fabric has become a topic of great debate, at local, national, regional and international level. The veil as worn by some Muslim women has assumed iconic proportions around the globe. To some it symbolizes piety to others, oppression. To some it is a rejection of Western morality to others, a rejection of modernity. To some, it is a religious statement supporting Islam as a way of living; to others, a political statement supporting violent Islamists. These disparate attributions exemplify the power of nonverbal communication and support the maxim that words and objects contain no inherent meaning; only people assigned meaning. This article discusses the status of religious rights and freedoms under the South African Constitution. One aspect of this change is the change that has affected the various religions, cultures, and customs in South Africa. It is therefore, viewed by many as a constitution for the people of South Africa which includes a Bill of Rights. Historically speaking, for the very first time since colonialism, all religions were guaranteed the of religion. Furthermore, religions, cultures and languages are deep-rooted in the various constitutional provisions, namely, sections 9(3), 15(1) to (3), 30, 31, 185 and 234 respectively. These constitutional provisions are solidified by section 7 which obliges the state to respect, protect, promote and fulfil the provisions set forth in the Bill of Rights. The article concludes with an argument for the recognition of plurality of religions and religious legal systems in South Africa.

scholarly journals HUMAN TRAFFICKING AND PROSTITUTION: BAND OF BROTHERS

2009 ◽  
Author(s):  
Louis Botha ◽  
Delene Strydom
Keyword(s):  
South Africa ◽  
Human Trafficking ◽  
South African ◽  
Sexual Offences ◽  
World Cup ◽  
Full Compliance ◽  
Task Team ◽  
Women And Children ◽  
Global Initiative ◽  
Palermo Protocol

On 14 December 2000 South Africa signed the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (‘the Palermo Protocol’), and on 20 February 2004 ratified it. In so doing, South Africa committed itself to criminalising trafficking and developing legislation to combat it. On 3 October 2007 Essop Pahad, speaking at the Global Initiative to Counter Human Trafficking International Forum, said the National Prosecuting Authority had been tasked with coordinating this process and had formed an inter-sectoral task team to oversee the development of legislation. He further stated that provisions on trafficking had already been included in the Children's Bill and that the revised Sexual Offences Act would have a chapter dealing specifically with trafficking for sexual purposes. On 16 December 2007 the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 came into effect. It contains a chapter specifically dealing with trafficking as well as a section specifically addressing the issue of trafficking for sexual purposes. Although these provisions are only temporary, as they are not in full compliance with the Palermo Protocol, the South African government made an attempt to deal with the problem of trafficking, which up to that point had not been regulated by adequate legislation. In March 2009 Manto Tshabalala-Msimang, then Minister in the Presidency, stated that ‘the process of translating South Africa's international commitments into national legislation is at an advance (sic) stage’. In 2008 government considered the idea of legalising prostitution for the duration of the 2010 FIFA World Cup. If prostitution were legalised, either for the duration of the World Cup or at any time thereafter, it would contradict the provisions of Part 6 of Act 32 of 2007 and nullify the work that has been done in an attempt to curb this crime of trafficking.

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