scholarly journals #Schools on fire: Criminal justice responses to protests that impede the right to basic education

2017 ◽  
pp. 39-50
Author(s):  
Ann Skelton ◽  
Martin Nsibirwa
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Justice System ◽  
Basic Education ◽  
Access To Education ◽  
The South ◽  
Right To Education ◽  
The Right ◽  
South African Schools Act ◽  
School Property

  In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law.

scholarly journals THE RIGHT TO MOTHER-TONGUE EDUCATION: PRACTICABLE OR NOT?

Obiter ◽  
2021 ◽  
Vol 34 (2) ◽  
Author(s):  
Chrizell Chürr
Keyword(s):  
South African ◽  
Basic Education ◽  
Mother Tongue ◽  
Cumulative Effect ◽  
The South ◽  
National Education ◽  
Mother Tongue Education ◽  
South African Constitution ◽  
The Right ◽  
South African Schools Act

Mother-tongue and mother-tongue education are recognized worldwide as one of the most efficient ways to function cognitively and socially. This article addresses the role of proper mother-tongue education with an emphasis on the importance of “language” since language is vital to a child’s right to a basic education in all its dimensions. Without mother-tongue education, every child’s right to learn and to become a skilful adult, able to participate independently in society, is at risk. The cumulative effect of the South African Constitution, the National Education Policy Act, the South African Schools Act, several international instruments and a number of ground-breaking cases, as well as the interaction between them on mother-tongue education will be examined. The implementation of certain education models will also be proposed.

scholarly journals Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law

2017 ◽  
Vol 14 (3) ◽  
pp. 24
Author(s):  
Gerrit Ferreira
Keyword(s):  
South African ◽  
Land Tenure ◽  
Basic Education ◽  
Good Governance ◽  
Constitutional Court ◽  
Exact Nature ◽  
Access To Education ◽  
The South ◽  
International Obligation ◽  
The Right

In an earlier  judgment[1] on the right to education delivered by the South African Constitutional Court (the Constitutional Court), the principal focus was on the restriction of access to education through the implementation of the language policy of the school. Language, however, is only one barrier preventing access to education in South Africa. Learners countrywide are denied the right to basic education because of the levying of school fees and other educational charges.[2] This practice is prevalent in spite of the international obligation imposed on the South African government to provide free primary education. This article examines the exact nature of this obligation by exploring the concept of "free" basic education. *      Lorette Arendse, Lecturer, Department of Legal History, Coparative Law and Legal Philosophy                                                 University of Pretoria. E-mail: [email protected][1]     Head of Department: Mpumalanga Department of Education v Hoërskool Ermelo 2010 2 SA 415 (CC).[2]     Centre for Applied Legal Studies and Social Surveys Africa National Survey.

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.

A Critique of Search and Seizure in Terms of a Search Warrant in South African Criminal Procedure: A Comparative Analysis

2019 ◽  
Vol 27 (4) ◽  
pp. 497-521
Author(s):  
Vinesh Basdeo
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Primary Objective ◽  
Search And Seizure ◽  
The South ◽  
Judicial Scrutiny ◽  
Search Warrant

The primary objective of this article is to determine whether the search and seizure measures employed in the South African criminal justice system are in need of any reform and/or augmentation in accordance with the ‘spirit, purport and object’ of the Constitution. This article analyses ‘search and seizure’ in the South African criminal justice system as is made possible by Chapter 2 of the Criminal Procedure Act 51 of 1977, which provides for search warrants, the entering of premises, and the seizure, of property connected with offences. It determines whether the required judicial scrutiny provides a real control upon the exercise of search and seizure powers. Search and seizure legal principles extracted from American criminal procedure will also be analysed for comparative purposes.

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

Risk-taking Behaviour in South African Correctional Centres: A Case Study of the Leeuwkop Correctional Centre

2013 ◽  
Vol 21 (2) ◽  
pp. 207-231
Author(s):  
Willem F.M. Luyt ◽  
Gomolemu M. Moshoeu
Keyword(s):  
South Africa ◽  
Substance Abuse ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Risk Taking ◽  
Justice System ◽  
The South ◽  
Correctional System

Risk-taking behaviour is a global phenomenon that shows increased presence in certain institutional circles. Various forms of risk-taking behaviours are deeply rooted in the South African correctional system and other branches of the criminal justice system. South Africa needs new approaches to deal with matters related to risk-taking behaviour in the criminal justice system (particularly inside correctional centres), for example, HIV infection, inmate rape and a growing problem concerning substance abuse. This investigation looks into risk-taking behaviour behind prison walls. The Leeuwkop correctional complex, a microcosm of the South African correctional system, was chosen for the investigation.

scholarly journals PLOUGHING IN RESOURCES: The investigation of farm attacks

2016 ◽  
Author(s):  
Duxita Mistry
Keyword(s):  
Criminal Justice ◽  
South African ◽  
Rural Areas ◽  
Justice System ◽  
The South ◽  
Conviction Rate ◽  
South African Police Service ◽  
Investigative Techniques ◽  
South African Police ◽  
National Defence

The information contained in this article is drawn primarily from research conducted by the Committee of Inquiry into Farm Attacks. The mandate of this Committee was to investigate the motive for farm attacks. To this end the Committee interviewed investigating officers, victims, offenders and prosecutors. In addition, the agricultural unions, the South African Police Service, non-governmental organisations and the South African National Defence Force made submissions to the Committee. The Committee found that the primary motive for farm attacks was robbery and, more importantly, that the conviction rate was high at 90%. This article therefore examines the investigative techniques used in the investigation of farm attacks and suggests that the little known Tracking Unit is a significant factor in the successes achieved to date. Its past experience in dealing with politically motivated insurgency in rural areas has proven effective in apprehending suspects. However, these techniques have not been effective in reducing the number of attacks. This article explores how farm attack cases have been handled by the criminal justice system.

scholarly journals Four years following South Africa's declaration upon the ratification of the ICESCR and jurisprudence on the right to basic education: A step in the right direction?

2019 ◽  
Vol 23 ◽  
Author(s):  
Robert Doya Nanima ◽  
Ebenezer Durojaye
Keyword(s):  
South African ◽  
Basic Education ◽  
National Policy ◽  
Best Interests ◽  
Policy Framework ◽  
Right To Education ◽  
National Education ◽  
Cultural Rights ◽  
The One ◽  
The Right

ABSTRACT Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa's ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and the declaration that subjected the right to basic education to the National Education Policy Framework and the available resources, on the other. This article interrogates the efficacy of this declaration in the realisation of the right to basic education in South Africa. It utilises a three-step approach. First, it contextualises the right to education and evaluates the declaration. Secondly, it evaluates selected decisions of the South African courts to establish the trend on the right to basic education. The third step juxtaposes the executive's and the courts' approaches from the ratification to date. A conclusion and recommendations inform the way forward. Keywords: Best interests principle, Eviction of schools, Immediate realisation, National policy, Provision of textbooks, Right to basic education, Staffing.

scholarly journals PROTECTING THE CHILD VICTIM IN SEXUAL OFFENCES: IS THERE A NEED FOR SEPARATE LEGAL REPRESENTATION?

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Desan Iyer ◽  
Lonias Ndlovu
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Healing Process ◽  
Child Victims ◽  
The South ◽  
Sexual Offences ◽  
Child Victim ◽  
Legal Representation

The number of children being sexually violated on a daily basis continues to escalate against a backdrop of a dearth in the conviction rate of their attackers. This is notwithstanding global efforts being made to protect children from the harrowing experience of being sexually violated. Creative measures such as the introduction of innovative child legislation have been largely neutralized by the inability of the criminal justice system to complement the child’s healing process. The gulf between policy and practice has given rise to a lack of protection in respect of the rights of children. In this paper, we seek to highlight the gaps in the South African criminaljustice system when it comes to safeguarding the interests of the minor complainant during the criminal process. We analyse key legislative instruments which purport to protect the minor victim. The analysis is aimed at determining whether or not the specified key provisions are in conflict with the Constitution. The introduction of separate legal representatives for child complainants is evaluated as an option in improving the plight of young child victims. The paper then concludes on an optimistic note by boldly opining that in line with legal developments in other international jurisdictions, the South African criminal justice system can accommodate the legal novelty of introducing separate legal representation for child victims.

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

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