Potchefstroom Electronic Law Journal
ISSN 1727-3781

2011 Volume 14 Number 5

31 August 2011

Index
 •  Editorial
 •  Oratio
 •  Articles
 

Other Volumes

Editorial:

  • This issue opens with an oratio by one of South Africa's most senior judges, the Honourable LTC Harms who suggests that the South African criminal justice system should learn from the experience of international criminal courts regarding a merger of elements from accusatorial and inquisitorial systems.

  • Shaun de Freitas and Georgia Myburgh of the University of the Free State argue that, if the protection of being human serves as the common denominator in the international discussion of human rights, and if human rights are deeply inclusive, however culturally and historically diverse, then failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due.

  • Roger Evans of UNISA contends that modern society, socio-political developments and human rights requirements have necessitated a broadening of the classes of assets that should be excluded or exempted from insolvent estates.

  • In a comprehensive paper Loammi Wolf (commentator from Bochum, Germany) makes a case against the "re-Westminstering of the constitutional state" as appears to her to be happening in the South African criminal justice system.  The piece deals inter alia with the constitutional position of prosecutors, executive interference in prosecutions, pardon and parole.

  • Parole in South Africa is also the theme of Jamil Mujuzi of the University of the Western Cape.  He deals with parole as a privilege, the role of the executive and the legislature in the parole system, the period to be served before an offender is paroled, the stipulated non-parole period, and the courts' intervention in releasing prisoners on parole.

  • In a case note Robert Williams of the University of KwaZulu-Natal describes the first judicial commentary on the distinction between a "decision" as defined in the South African Promotion of Administrative Justice Act 3 of 2000 which may be reviewed judicially and a non-reviewable inchoate decision

Francois Venter

 

Oratio

Demystification of the Inquisitorial System
LTC Harms

 

Summary

 

Articles

Seeking Deliberation on the Unborn in International Law
SA de Freitas and GA Myburgh

 

Summary

Legislative Exclusions or Exemptions of Property from the Insolvent Estate
RG Evans

 

Summary

Pre- and Post-Trial Equality in Criminal Justice in the Context of  the Separation of Powers
L Wolf

 

Summary

Unpacking the Law and Practice Relating to Parole in South Africa
JD Mujuzi

 

Summary

The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act
RC Williams

 

Summary

 

Edition Editor
Prof Louis Kotze

 

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