scholarly journals Citizens’ Perceptions on the Role of Court Sentencing in Crime Control: A Survey of Mthatha High Court Juridical Area in South Africa

2021 ◽  
Vol 10 ◽  
pp. 1624-1630
Author(s):  
Anga Dlakulu ◽  
Ishmael Mugari ◽  
Emeka E. Obioha

For over a century, the role of court sentencing on crime deterrence has generated significant debate. In this study, we explored the citizens’ perceptions on the role of court sentencing in South Africa’s Mthatha area. The findings are looked in the context of the broad theories of punishment namely: retributive theory, deterrence theory, preventive theory, reformative theory and compensation theory. A total of purposefully sampled 90 respondents were invited to participate in this study through closed-ended questionnaires. The univariate perception results of the study reveal that reformation of the offender, protection of the offender from being harmed by the victim in retaliation, and ensuring that the victims get justice are the most significant roles of court sentencing. Collectively, the reality that severe sentence scares potential criminals not to commit crime stands out and is the most correlated role of court sentencing. Court sentencing was also viewed to be having two pronged preventive effect on criminal activities. First, the criminal is incapacitated from engaging in criminal activities during the time of imprisonment; and second, the offender is removed from the environmental factors that led to offending. As part of the conclusion, the study recommends sentencing policies that mainly support reformation of offenders.

Author(s):  
Eberhard Bertelsmann

Judge Eberhard Bertelsmann of the North Gauteng High Court delivered the address published here as he delivered it in Afrikaans in the series of FW de Klerk lectures in Potchefstroom on 20 February 2012.  He dealt with the role of and limitations on the judiciary to promote social peace in South Africa, pointing out the achievements of the courts in the establishment of the constitutional dispensation over the past decades.  He however also showed that the courts are over-burdened and that court administration leaves much to be desired.  Litigants and practitioners do not hesitate to abuse the system and ugly incidents of unethical conduct have marred the professions.  Judges however do not take these trends lying down and measures to rectify the situation are well underway.  Fair, understandable, predictable and speedy adjudication without fear, favour or prejudice continues to be the contribution of judges to the protection of the South African democracy.


Author(s):  
Dawid De Villiers

 The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National Credit Act 34 of 2005 (the "NCA") for the proper interpretation of mainly sections 86 and 87 of the same Act. Due to uncertainty and confusion the Regulator lodged an application to obtain clarity on some of the difficulties that debt counsellors experience in practice.  The matter was heard in the High Court (TPD) on 02/03/2009 and judgment was handed down by Du Plessis J on 21/08/2009. This article discusses the fifteen prayers and the impact of the orders granted by the Court under three logical headings, namely: those that deal with the NCA and the Magistrate’s Court;  Order 1 (on section 86(7)(c)), order 2 (an obligation to conduct a hearing), order 3 (the judicial role of the Magistrate’s Court) and order 4 (the application procedure of the Magistrate’s Court) defined the interaction between the NCA and the Magistrate’s Court Act (the “MCA”) very clearly.  Since there is no sui generis procedure provided for in the NCA, it is submitted that the Court’s approach is correct. However, the end result is that the over-indebted consumer is not supported to the degree the NCA envisages. For example: a rule 55 procedure of the MCA can be cumbersome and costly, while the NCA envisaged a fast and relatively inexpensive process. those that deal with the role of the debt counsellor in debt restructuring; Order 5 (costs), order 6 (statutory function) and order 8 (the unique role of the debt counsellor),  granted under this heading, are important.  They define the role of the debt counsellor to be different from the run-of-the-mill applicant in terms of rule 55.  He/she is even protected against some cost orders due to a statutory function. Because of this special function a question arises: should this difference in treatment not be even greater than custom presently permits or proposes?  Since this function brings great responsibility and much paper work, should it not affect the fees that a debt counsellor may charge? those that deal with the court procedures. Orders 7, 9, 10 and 11 in this section are welcomed, namely those that deal with the service of documents, the geographical jurisdiction and monetary limit of the court, reckless credit and the in duplum rule.  However, the Court preferred to stay on the safe side with respect to emoluments attachments orders and the application of section 86(2) to section 129(1). The lack of direction on the question when formal debt enforcement in fact begins, is regrettable.   However, the declarator is a milestone in the history of the NCA.  The orders impact significantly on the practice of debt review and will continue to shape the credit industry.  Despite some disappointments it can be concluded that the declarator on the whole adds value to the practice of debt counselling in South Africa. It is now for the industry, the NCR, the legislators and scholars to take matters further.    


Author(s):  
John R. Wilson ◽  
Llewellyn C. Foxcroft ◽  
Sjirk Geerts ◽  
M. Timm Hoffman ◽  
Sandra MacFadyen ◽  
...  

2020 ◽  
Vol 99 (4) ◽  
pp. 379-383
Author(s):  
Vasily N. Afonyushkin ◽  
N. A. Donchenko ◽  
Ju. N. Kozlova ◽  
N. A. Davidova ◽  
V. Yu. Koptev ◽  
...  

Pseudomonas aeruginosa is a widely represented species of bacteria possessing of a pathogenic potential. This infectious agent is causing wound infections, fibrotic cystitis, fibrosing pneumonia, bacterial sepsis, etc. The microorganism is highly resistant to antiseptics, disinfectants, immune system responses of the body. The responses of a quorum sense of this kind of bacteria ensure the inclusion of many pathogenicity factors. The analysis of the scientific literature made it possible to formulate four questions concerning the role of biofilms for the adaptation of P. aeruginosa to adverse environmental factors: Is another person appears to be predominantly of a source an etiological agent or the source of P. aeruginosa infection in the environment? Does the formation of biofilms influence on the antibiotic resistance? How the antagonistic activity of microorganisms is realized in biofilm form? What is the main function of biofilms in the functioning of bacteria? A hypothesis has been put forward the effect of biofilms on the increase of antibiotic resistance of bacteria and, in particular, P. aeruginosa to be secondary in charcter. It is more likely a biofilmboth to fulfill the function of storing nutrients and provide topical competition in the face of food scarcity. In connection with the incompatibility of the molecular radii of most antibiotics and pores in biofilm, biofilm is doubtful to be capable of performing a barrier function for protecting against antibiotics. However, with respect to antibodies and immunocompetent cells, the barrier function is beyond doubt. The biofilm is more likely to fulfill the function of storing nutrients and providing topical competition in conditions of scarcity of food resources.


1991 ◽  
Vol 18 (3) ◽  
pp. 333-362 ◽  
Author(s):  
MADELEINE LY-TIO-FANE

SUMMARY The recent extensive literature on exploration and the resulting scientific advances has failed to highlight the contribution of Austrian enterprise to the study of natural history. The leading role of Joseph II among the neutral powers which assumed the carrying trade of the belligerents during the American War of Independence, furthered the development of collections for the Schönbrunn Park and Gardens which had been set up on scientific principles by his parents. On the conclusion of peace, Joseph entrusted to Professor Maerter a world-encompassing mission in the course of which the Chief Gardener Franz Boos and his assistant Georg Scholl travelled to South Africa to collect plants and animals. Boos pursued the mission to Isle de France and Bourbon (Mauritius and Reunion), conveyed by the then unknown Nicolas Baudin. He worked at the Jardin du Roi, Pamplemousses, with Nicolas Cere, or at Palma with Joseph Francois Charpentier de Cossigny. The linkage of Austrian and French horticultural expertise created a situation fraught with opportunities which were to lead Baudin to the forefront of exploration and scientific research as the century closed in the upheaval of the Revolutionary Wars.


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