The calling of witnesses viva voce during the extradition procedure: is it a legal requirement?

2022 ◽  
Vol 2022 (1) ◽  
pp. 50-75
Author(s):  
JJ Du Toit ◽  
Marko Svicevic
Keyword(s):  

Die ondervraging en kruisondervraging van getuies, viva voce, in ’n uitleweringsaansoek bly ’n onderwerp wat nie noodwendig baie aandag geniet in die regspraak nie. Is dit regtens noodsaaklik dat getuies inderdaad viva voce geroep moet word om te getuig in ’n uitleweringsaansoek? Moet ’n persoon wat voor die hof verskyn in ’n uitleweringsaansoek toegelaat word om getuies te roep om die getuienis wat die staat aangebied het, viva voce te weerlê vir die uiteindelike beoordeling deur die voorsittende beampte en die minister van justisie en korrektiewe dienste? In hierdie artikel bespreek die outeurs die Suid-Afrikaanse en sommige buitelandse regsposisies en wys op die relevante en soms uiteenlopende regsgesag op dié punt. Hulle werp verder lig op die omstandighede waaronder viva voce-getuienis aangebied behoort te word in ’n uitleweringsaansoek. In besonder word die aard van uitleweringsaansoeke in ag geneem. Sodanige uitleweringsondersoeke is sui generis van aard en gevolglik verskil dit van die prosedure wat gevolg word in kriminele verhore. In die eerste deel van die artikel ondersoek die outeurs in detail hoe uitleweringsondersoeke gewoonlik onder die vaandel van die Wet op Uitlewering 67 van 1962 gehou word. Daarna ondersoek hulle die regspraak om vas te stel hoe die Suid-Afrikaanse howe oor jare die bepalings van die Uitleweringswet geïnterpreteer het. In die lig daarvan word vervolgens ondersoek hoe verskeie ander jurisdiksies hul eie prosedures vasgestel het ten opsigte van die roep van getuies om viva voce te getuig. Die volgende jurisdiksies word ondersoek: Malawi, die Bahamas, die Verenigde State van Amerika, die Verenigde Koninkryk en Kanada. Na evaluering van die regspraak van Suid-Afrikaanse howe en die howe van ander lande, word verskeie slotopmerkings gemaak wat in ag geneem behoort te word voordat viva voce-getuienis tydens ’n uitleweringsaansoek in Suid-Afrika aangebied behoort te word. Hierdie oorwegings sluit onder andere in dat die sui generis aard van uitleweringsverrigtinge nooit uit die oog verloor behoort te word nie en dat beide partye tot die aansoek die geleentheid gebied behoort te word om getuienis aan te bied, insluitend viva voce-getuienis. Die oogmerk van die outeurs is om vir die leser ’n gebalanseerde oorsig van die regspraak te voorsien wat oorweeg kan word wanneer besluit moet word om viva voce getuienis aan te bied tydens ’n uitleweringsaansoek al dan nie. Die outeurs beveel ten slotte aan dat die huidige Uitleweringswet gewysig behoort te word om meer duidelikheid te verskaf hoe uitleweringsaansoeke in die praktyk behoort plaas te vind veral weens die feit dat voorlopige ondersoeke, wat tot ’n mate die normale prosedure in die verlede was, al vir ’n geruime tyd in die verband in onbruik verval het.

2021 ◽  
pp. 239448112110203
Author(s):  
Sachin Siwakoti

The concept of reservation in state mechanism attaches itself to the idea of breaking or at least stagnating the cycle of perpetuation of hierarchical status in those mechanisms. Reservation of Dalit in such mechanism is guaranteed via both statutory and constitutional requirement in context of Nepal. So much so, that ‘Right of Dalit’ recognised as a fundamental right of Dalit in the constitution encapsulates this requirement exclusively. The study investigates whether the guaranteeing of legal requirement has translated into an efficacious material realisation. It takes representation of Dalit within the civil service as a reference point for this investigation and analyses whether hierarchical status borne out of true phenomenology of caste have been truly shredded by policies of perceived empowerment in civil service symbolic to breaking of hierarchies in state machinery.


1992 ◽  
Vol 11 (2) ◽  
pp. 45-56 ◽  
Author(s):  
Jef I. Richards ◽  
Ivan L. Preston

To be regulated by the FTC, an advertising claim must be both deceptive and material. Much attention and research has been directed to deception, but almost no study has been done on materiality. However, a recent case has highlighted the need for better understanding of this legal requirement. The authors explore the genesis and evolution of the materiality standard explain the pitfalls awaiting advertisers who try to prove their claims immaterial, and outline several considerations for empirical testing of advertisements.


2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.


2021 ◽  
Vol 8 (9) ◽  
pp. 115-125
Author(s):  
Akhiyanus Marwan ◽  
Laily Washliati ◽  
Idham .

A Sea Work Agreement is a contract between a shipping entrepreneur and a worker in which the latter agrees to do work for pay as a captain or a member of the ship's crew under the entrepreneur's instructions. As a component of a more considerable agreement, a written or spoken labor agreement must satisfy both subjective and objective legal criteria of an agreement. The topic of this study is the legal arrangement of work agreements at sea for seafarers to promote human welfare. A study was conducted by the Batam authorities and harbormaster's office on the implementation and legal analysis of work agreements at sea for seafarers from an affirming people's welfare perspective. Also, the factors that act as impediments or barriers to solutions for work agreements at sea for seafarers from an affirming people's welfare perspective. This research aims to establish the legal structure of work agreements at sea for seafarers to improve their welfare and the execution and legal analysis of work agreements at sea for seafarers to enhance their welfare. Thirdly, determine the elements that lead to the formation of barriers or obstacles, along with some of the aspects that contribute to their resolution. This study aims to gather primary data via field research utilizing a normative approach. The study's findings show that although the legal control of work agreements at sea for seafarers has been chiefly implemented successfully to enhance people's welfare, there are still many barriers in the sector at both an internal and external level. It is anticipated that both ship entrepreneurs and ship personnel will adhere to their agreed-upon and signed maritime labor agreements, making this a legal requirement for builders. Keywords: Sea Work Agreement, Seafarers.


2010 ◽  
Vol 67 (2) ◽  
pp. 176-182 ◽  
Author(s):  
Alexandre de Almeida ◽  
Hilton Thadeu Zarate do Couto ◽  
Álvaro Fernando de Almeida

Seeds used to plant wheat, corn and rice crops in Brazil are treated with the insecticide carbofuran associated with the dye rhodamine B, attracting granivorous birds and causing mortality during sowing. The objective of this study was to evaluate if using camouflaged seeds can minimize mortality caused by the ingestion of seeds with carbofuran. Alternatives for reducing mortality, such as using carbofuran without rhodamine B or replacing carbofuran by carbosulfan, were compared. Three experiments were carried out in regions of known bird mortality in the states of Paraná and São Paulo, Brazil, using conventional sowing over plowed soil in the traditional planting system, 15,896 kg of seeds in 111.46 ha. Bird carcasses were collected and dissected to unveil which poisoned seed treatments had caused birds' deaths. The mortality mounted to 296 birds of 11 species. Eared doves were the most numerous casualties (263). There was significant correlation between mortality and number of consumed seeds. The consumption of camouflaged seeds was lower than that of commercial seeds treated with rhodamine B. The mortality caused by seeds with both rhodamine B and carbofuran was higher than mortality caused by seeds camouflaged only with carbofuran. The replacement of carbofuran with carbosulfan also seemingly reduced mortality, but carbosulfan mortality might have been underestimated as a result of the apparent movement of affected birds after exposure. Seeds treated with carbofuran and rhodamine B and without any dye, were attractive. Because legal requirement for seeds treated with pesticides to be differentiated by dying, the substitution of rhodamine B by camouflaging must be encouraged.


Author(s):  
Kunal Sharma ◽  
Rahul Lodha

Hazard and operability (HAZOP) analysis has a well-deserved reputation for systematic and thorough evaluation of process hazards in industrial units. The method is now widely known and is in prevalent use in the chemical processing industries; so much so that in many industries performing a HAZOP has become a legal requirement for new or modified industrial units. A number of guides exist for conducting HAZOPs, the most recent being the IChemE guidelines on finest practice – second edition, published in the year 2008. In exercise however, following best practice is not that easy and many compromises have to be made in order to finish the task an added hurdle occurs when the HAZOP is led by a self-governing leader from an external company or third party as is increasingly the case. In this circumstance the person in charge also has to satisfy the customer or customer’s requirements which do not always match to the best custom. In addition there is a drift to lessen HAZOP study scope to safety health and environmental concerns only and to exclude operability and consistency issues. This has resulted from a observance mindset, possibly in an attempt to lessen liabilities. HAZOP is increasingly being seen as a conformity tool rather than as a tactic to ensure a secure, trustworthy and well designed plant. With the current financial environment we can expect these hitches to increase as project costs come under enhanced pressure and the extent of many projects is reduced. This paper discusses some of the more frequent crisis that occur during HAZOPs and some of the possible solutions in industrial units.


2021 ◽  
Vol 2 (1) ◽  
pp. 1-19
Author(s):  
Muhammad Muchlish Huda ◽  
Samsul Arifin ◽  
Miftakhul Ma’arif

In the context of composing Arabic sentences, the rules of kaifiatul ikhbar are included in the rules which are basic and foundation. The kaifiatul ikhbar rules are formed from the composition of the mubtada and khobar and are used in various forms of sentences, including the sentence structure of the marriage consent. Accuracy in pronouncing the kabul marriage license sentence including the arrangement of the preacher and khobar becomes important considering this kabul consent will be a legal requirement or cancellation of a marriage contract. This study attempts to analyze and present several forms of kabul mariage agreement and syntactic analysis, especially in the kaida of kaifiatul ikhbar. By using a library approach and linguistic analysis from its syntactic aspects, the results of this study indicate that there are 11 forms of kaifiyatul ikhbar with various syntactic analysis specifications. This shows that the form of kaifiatul ikhbar in the marriage contract is actually not only one forms, but with a variety of sentence forms


2017 ◽  
Vol 13 (2) ◽  
pp. 158-171 ◽  
Author(s):  
Jonathan Herring

AbstractThis paper will explore the difficulties facing law in promoting compassion and responding to caring relationships. These include the difficulties in determining whether a person has demonstrated compassion and in enforcing any legal requirement for compassion. The paper will use the ethics-of-care literature to critique two key legal tools: human rights and the concept of best interests. These concepts are typically designed to promote individualistic abstract understandings of the self, which are problematic when used in the setting of intimate relationships. However, this paper will suggest that it might not be necessary to abandon the concepts of rights and best interests. They may be useful for setting the boundaries for a space in which appropriate care and compassion can be exercised. It will also be suggested that both rights and best interests are not immune from a relational analysis and might, with appropriate modification, be used to promote the exercise of compassionate relational care.


Author(s):  
Whelan Peter

This chapter explores the substantive aspect of the human rights-related legal challenge to European antitrust criminalization, focusing on the impact in this context of the principle of legal certainty. Comprehensibility is advisable with any project of antitrust criminalization. When criminal antitrust sanctions are at issue, such comprehensibility is not merely advisable for theoretical or practical reasons, but is in fact a strict legal requirement: comprehensibility—as one element of the wider principle of legal certainty—is mandated by European human rights law. The examination of the challenge of legal certainty for antitrust criminalization is undertaken from three perspectives, namely: (i) legal certainty and the concept of a criminal antitrust offence; (ii) legal certainty and the substance of a criminal antitrust offence; and (iii) legal certainty and the existence of a criminal antitrust offence.


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