Extending the Private Prosecution Provisions of the Criminal Procedure Act 51 of 1977 to Cover Private Prosecution in the Public Interest

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Phindile Raymond Msaule
Keyword(s):  
Money Laundering ◽  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
The Other ◽  
Criminal Prosecution ◽  
The Public ◽  
Section 8 ◽  
The Status ◽  
The One

Criminal prosecution is generally the preserve of the state. However, there are legislated exceptions that allow for private prosecution. For example, section 7 of the Criminal Procedure Act 51 of 1977 entitles individuals who satisfy certain criteria to prosecute in their own names. Section 8 of the Act, on the other hand, provides for statutory private prosecution. Statutory private prosecutions are limited to certain bodies and certain types of offences. In this article, it is submitted that private prosecution must be extended beyond the realm of sections 7 and 8 of the Act or the currently statutory sanctioned private prosecution. It is contended that section 7 of the Act must be amended to include the prosecution of corruption and related offences, on the one hand, and money laundering and related offences, on the other, in the public interest. It is submitted that there are safeguards to avoid private prosecution being abused. Furthermore, the allowance of private prosecution in the private interest would not impinge on the status of the National Prosecuting Authority (NPA) as the constitutional body mandated to institute prosecutions on behalf of the state. This is because a prospective private prosecutor may institute proceedings only in the event that the NPA declines to prosecute or on the basis of unreasonable delay on the part of the NPA to institute prosecutions.

scholarly journals PROBLEMS OF CRIMINAL LAW REGULATION OF PRIVATE (COMMERCIAL) BRIBERY

2020 ◽  
Author(s):  
Mariya Mihaylova ◽  
Keyword(s):  
Economic System ◽  
Criminal Law ◽  
Public Interest ◽  
State Regulation ◽  
The State ◽  
The Other ◽  
Private Interest ◽  
Normal Functioning ◽  
The Public ◽  
The One

The Bulgarian legislator is faced with the challenge and the need to re-evaluate its punitive policy to protect the normal functioning of the economic system. When regulating such a matter, it is necessary to look for a balance of values and interests, as on the one hand there is the public interest requiring a stable and workable economy and on the other hand the private interest requiring certain limits of the state regulation.

scholarly journals Lessons from Israel's COVID-19 Green Pass program

2021 ◽  
Vol 10 (1) ◽  
Author(s):  
Shelly Kamin-Friedman ◽  
Maya Peled Raz
Keyword(s):  
Clinical Trial ◽  
Public Interest ◽  
Vaccine Development ◽  
The Other ◽  
Trust Building ◽  
Public Spheres ◽  
The Public ◽  
Freedom Of Movement ◽  
Pass Program ◽  
The One

AbstractAs of the beginning of March 2021, Israeli law requires the presentation of a Green Pass as a precondition for entering certain businesses and public spheres. Entitlement for a Green Pass is granted to Israelis who have been vaccinated with two doses of COVID-19 vaccine, who have recovered from COVID-19, or who are participating in a clinical trial for vaccine development in Israel. The Green Pass is essential for retaining immune individuals' freedom of movement and for promoting the public interest in reopening the economic, educational, and cultural spheres of activity. Nonetheless, and as the Green Pass imposes restrictions on the movement of individuals who had not been vaccinated or who had not recovered, it is not consonant with solidarity and trust building. Implementing the Green Pass provision while advancing its effectiveness on the one hand, and safeguarding equality, proportionality, and fairness on the other hand may imbue this measure with ethical legitimacy despite involving a potential breach of trust and solidarity.

scholarly journals On Public Interest in a Criminal Procedure

Russian judge ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-30
Author(s):  
Eduard S. Kaminskiy ◽  
Keyword(s):  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
Social Needs ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Is Implementation ◽  
Progressive Development ◽  
Legitimate Interests

The article analyzes the concept and content of public interest in criminal proceedings. It is concluded that public interests are social needs recognized by the state and regulated by the norms of law, aimed at achieving public goods, the satisfaction of which ensures the integrity, stability and progressive development of society. The interests of society and the state are protected through a structured system of criminal proceedings, which is public in nature. The basis of public prosecution is criminal prosecution on behalf of the state. The content of public interest in criminal proceedings is: implementation of such a regime of investigation and resolution of criminal cases that allows to protect society from criminal attacks; protection of the rights and legitimate interests of persons involved in criminal procedure; refusal to apply excessive measures of responsibility to persons who have committed crimes, use of alternative methods of resolving criminal law conflicts.

Un péage à l'orée du bois? (Essai) | A tollbooth at the forest edge? (Essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 244-246
Author(s):  
Olivier Guex
Keyword(s):  
Public Interest ◽  
Supply And Demand ◽  
Forest Edge ◽  
Comparative Assessment ◽  
The Other ◽  
The Public ◽  
Du Bois ◽  
Private Interests ◽  
The One ◽  
The Right

Does the principle of multifunctionality mean that the forest must fulfill every requirement put forward? Does the modern notion of “commodity”, drawn from the laws of supply and demand, give forest owners the right to expect payment for every service provided? In view of the current difficult economic situation and the increase and diversification of these requirements, the questions are justified. This article does not have the pretension to provide all the answers. However, by means of further questions and through the introduction of various examples, the reader is invited to consider the subtly differentiated proportions of the importance of the public interest on the one hand as opposed to that of private interests on the other, and thus to be able to draw conclusions. Thanks to this comparative assessment, possibilities concerning the magnitude and the source of these payments should become clear.

Political Legitimacy in Middle Africa: Father, Family, Food. By Michael G. Schatzberg. Bloomington: Indiana University Press, 2001. 292p. $49.95 cloth, $22.95 paper.

2002 ◽  
Vol 96 (4) ◽  
pp. 866-867
Author(s):  
Robert Fatton
Keyword(s):  
Political Legitimacy ◽  
The State ◽  
The Other ◽  
Indiana University ◽  
The Third ◽  
Other Hand ◽  
The Status ◽  
The One ◽  
Status Of Women

Political Legitimacy in Middle Africa is an insightful, refreshing, and original book that refines and expands our understanding of the so-called “politics of the belly.” A phrase made famous by Jean Francois Bayart (The State in Africa: The Politics of the Belly, 1993), the politics of the belly is the phenomenon of “eating” the fruits of power. The extent to which officeholders monopolize or share these fruits with the larger community has, however, significant consequences for their legitimacy. As Michael Schatzberg suggests, a “moral matrix of legitimate governance” (p. 35) embedded in familial and paternal metaphors shapes these belly politics. In turn, he argues that the moral matrix is rooted in four major premises. The first and second are related to the image of the ruler as a “fatherchief,” who has the obligation, on the one hand, to nurture and nourish his “family,” and on the other hand, to punish his “children” when necessary and pardon them when they truly repent. The third premise concerns the status of women in society; while they are not considered equal to men, rulers should, nonetheless, respect their role as “counselors and advisers.” The fourth premise “holds that permanent power is illegitimate and that political fathers…have to let their children grow up, mature, take on ever-increasing responsibilities in the conduct of their own affairs, and eventually succeed them in power” (p. 192).

Does Status Matter? The Contradictions in Locke’s Account of the State of Nature

2013 ◽  
Vol 95 (1) ◽  
pp. 87-105 ◽  
Author(s):  
Daniel Eggers
Keyword(s):  
The State ◽  
The Other ◽  
Natural State ◽  
State Of Nature ◽  
Theoretical Perspectives ◽  
The Status ◽  
The One

Abstract: The aim of this paper is to analyse the status of Locke’s state of nature and to examine whether the distinction between different theoretical perspectives can help to resolve the apparent contradictions between Locke’s ‘peaceful’ and his ‘warlike’ description of the natural state, a claim that has been made by commentators such as R. Ashcraft, J. Dunn and H. Aarsleff. Though, it is argued, distinguishing different state of nature accounts in Locke is essential for an appropriate understanding of Locke’s argument, the attempt to thereby free Locke of the charge of inconsistency fails. The reason is that the ‘peaceful’ and the ‘warlike’ description are equally part of Locke’s anthropological analysis. They can, therefore, not be reconciled by distinguishing between a ‘moral’ account of the state of nature on the one hand and an empirical account on the other.

scholarly journals JīVANMUKTI IN HINDU TANTRISM

2019 ◽  
pp. 77-86
Author(s):  
Sergei V. Pakhomov ◽  
Keyword(s):  
The State ◽  
The Other ◽  
Objective World ◽  
The World ◽  
Complete Independence ◽  
The Status ◽  
Ideological Dimension ◽  
The One ◽  
Almost All ◽  
Supreme Deity

The concept of jīvanmukti, “liberation during life”, arose in Advaita Vedānta as a response to the paradigm of “disembodied” liberation (videhamukti). The condition of jīvanmukti is highly appreciated in Tantrism. The concept of jīvanmukti often includes the meanings of identification with the absolute, the supreme deity. There are different kinds of jīvanmukti, for example, active and passive ones. The state of jīvanmukti is the complete independence, highest ideal, spiritual perfection. Jīvanmukta considers the entire objective world to be a reflection of the higher Self. The status of jīvanmukta can have an ideological dimension when it is opposed to traditions that are considered ineffective in Tantra. The acquisition of jīvanmukti is primarily due to spiritual knowledge. On the one hand, knowledge is a certain state of the carrier of knowledge himself; on the other hand, it is always knowledge of “something”. Although jīvanmukti can be reached through almost all tantric practices, there is a certain gradation of the time spent on it. The man reaches liberation during life not in isolation from the world. Outwardly, jīvanmukta cannot stand out among ordinary members of society; all his uniqueness is hidden inside his consciousness.

scholarly journals Good governance and transparency

2020 ◽  
Vol 1 (2) ◽  
pp. 343-353
Author(s):  
Laura Vilone ◽  
Keyword(s):  
Decision Making ◽  
Good Governance ◽  
The State ◽  
The Other ◽  
Decision Making Process ◽  
Public Authorities ◽  
The Public ◽  
Public Action ◽  
Special Place ◽  
The One

The notion of “good governance” implies the special place given to the State. Such a model is defined by the effectiveness of certain guarantees such as the independence of the judiciary, the correct and fair management of expenditure but also administrative transparency. Indeed, the latter depends on the sincerity of those involved in public action, on the one hand, and the constant dialogue between the public authorities and the public, on the other hand. The purpose of this intervention is to demonstrate that the realisation of the model of “good governance” is based, above all, on the existence of an administration that fully understands the requirements of administrative transparency. The two pillars of “good governance” would thus be the foundations of the principle of transparency: communication with citizens and their participation in the process of the decision-making process.

scholarly journals Protected Legal Interest of a Taxpayer as a Legal Category of Tax Law

Financial law ◽  
2020 ◽  
Vol 11 ◽  
pp. 23-26
Author(s):  
Elena A. Tsvetkova ◽  
Keyword(s):  
Public Interest ◽  
The State ◽  
The Other ◽  
Tax Law ◽  
Legitimate Interest ◽  
Other Hand ◽  
The One ◽  
The Individual ◽  
Subjective Rights

Protected legal interest is a legal category that allows to reflect all those interests that for one reason or another are not «covered» by subjective rights, but certainly have some importance for both society and the individual. It is convenient for the State, through such a tool as «protected legitimate interest», to take under its protection and protection those interests which, on the one hand, there is no need to translate into the rank of subjective rights, and on the other hand, when it is necessary for protection public interest, they gain a right and become the rights of the taxpayer.

scholarly journals La mediación en sociedades interculturales. Referencia a la posible actuación del Defensor del Pueblo en procesos de mediación = Mediation in intercultural societies. Possible Ombudsman’s action in mediation processes

2018 ◽  
pp. 87
Author(s):  
María Pérez-Ugena Coromina
Keyword(s):  
Social Perception ◽  
The State ◽  
The Other ◽  
Neutral Position ◽  
Formal Aspect ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
The One ◽  
Mediation Processes

Resumen: El objeto de este trabajo es una reflexión acerca de los conflictos que surgen en sociedades interculturales como consecuencia de marcos más plurales, acompañada de una propuesta de cauces de solución. Nos planteamos la conveniencia de utilizar mecanismos extrajudiciales de resolución de conflictos, en particular la mediación, como medio especialmente adecuado para este tipo de controversias. La integración en sociedades plurales exige un esfuerzo y toma de postura por el Estado. Los poderes públicos deben implicarse en lograr un mayor grado de convivencia democrática, incidiendo en el aspecto real y no formal de la libertad y la igualdad, de manera coherente con la concepción social del Estado. El Defensor del Pueblo es una figura idónea para poder actuar como mediador en conflictos propios de la interculturalidad. Su contacto con los problemas sociales, de una parte, y su posición neutral, basada en la auctoritas, de otra, le atribuyen unas características muy interesantes para que pueda ejercer esta función. Asumiría así el Estado este papel a través de la institución que resulta más cercana a la ciudadanía. Esto, a su vez, podría revertir en una mejora de la percepción social del Defensor del Pueblo.Palabras clave: Interculturalismo, mediación, Defensor del Pueblo.Abstract: The purpose of this work is a reflection on the conflicts that arise in intercultural societies as a consequence of more plural frameworks, accompanied by a proposal of channels of solution. We consider the convenience of using extrajudicial mechanisms for resolving conflicts, particularly mediation, as a particularly appropriate means for this type of dispute. The integration in plural societies requires an effort and takes position by the State. The public authorities must be involved in achieving a greater degree of democratic coexistence, focusing on the real and non-formal aspect of freedom and equality, in a manner consistent with the social conception of the State. The Ombudsman is an ideal figure to be able to act as mediator in conflicts of interculturality. His contact with social problems, on the one hand, and his neutral position, based on the auctoritas, on the other, attribute him some very interesting characteristics so that he can exercise this function. The State would assume this role through the institution that is closest to citizenship. This, in turn, could lead to an improvement in the social perception of the Ombudsman.Keywords: Interculturalism, mediation, Ombudsman. 

Sign in / Sign up

Export Citation Format

Share Document