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The Concept of a "Decision" as the Threshold Requirement for Judicial Review in Terms of the Promotion of Administrative Justice Act
(2011)
The Promotion of Administrative Justice Act 3 of 2000 defines administrative action
as “any decision [of a specified kind]" taken by specified persons or entities. The Act
goes on to define decision as “any decision of an ...
Pre– and Post–Trial Equality in Criminal Justice in the Context of the Separation of Powers
(2011)
The previous Westminster criminal justice system entailed a different kind of
separation of powers insofar as it concerns the role of state prosecutors. In the
Westminster system prosecutors are part of the executive branch, ...
Unpacking the Law and Practice Relating to Parole in South Africa
(2011)
The possibility of the early release of offenders on parole is meant to act inter alia as
an incentive to ensure that prisoners behave meritoriously while serving their
sentences. The South African Correctional Services ...
Legislative Exclusions or Exemptions of Property from the Insolvent Estate
(2011)
The general policy in South African insolvency law is that assets must be recovered
and included in the insolvent estate, and that this action must be to the advantage of
the creditors of the insolvent estate. But there ...
Seeking Deliberation on the Unborn in International Law
(2011)
International human rights instruments and jurisprudence radiate an understanding
of international law as also serving to protect fundamental rights and the interests of
the individual. The idea that human rights provide ...
Demystification of the Inquisitorial System
(2011)
Criminal procedure in South Africa is outdated and does not produce speedy justice.
The Criminal Procedure Act requires a revamp. Lessons can be learnt from the
inquisitorial systems but local lawyers have preconceived ...