Magister Legum - LLM (Criminal Justice and Procedure)
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Browsing by Author "Albertus, Chesne"
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Item An analysis of the challenges presented to witness protection in combating money laundering in South Africa(University of the Western Cape, 2022) Makhubele, Ethel Fikile; Albertus, ChesneThe United Nations Asia and Far East Institute (‘UNAFEI’) and the Department of Justice of the Republic of the Philippines held the Fourth Regional Seminar on Good Governance For South East Asian Countries from 6-9 December 2010.1 During that seminar, Haruhiko Ukawa, the Deputy Director of UNAFEI, stated in his introductory remarks that to detect, investigate, and prosecute illegal activities and find offenders guilty, the criminal justice systems depend largely on witnesses’ testimony. Consequently, it is important for witnesses to testify without fear to ensure the criminal justice system operates properly and achieves their goals.2 At the outset, however, it ought to be borne in mind that with many financial crimes, more particularly the crime of money laundering, witnesses are often reluctant to testify. The prosecution for such crimes is thus not easily achieved, and conviction rates may be negatively affected.Item An analysis of the South African legal framework applicable to the arrest and detention of immigrants due to their illegal status(University of the Western Cape, 2022) Sango, Nomzamo Wendy; Albertus, ChesneThe word ‘immigration’ is derived from the word ‘immigrant’ and denotes the act of a foreign national person entering a country to attain permanent residence.1 The correlative term ‘emigration’ denotes the act of such persons leaving their former or home country.2 Despite these clear terms, there are unfortunately, some South Africans who use derogatory terms such as ‘amakwerekwere’ towards immigrants to indicate ‘other’, and they do so frequently.3 Persons who use these terms in reference to foreign nationals usually do so irrespective of the person’s actual legal status in the country.Item An analysis of the South African legislative framework for the reintegration of sentenced adult male offenders.(University of the Western Cape, 2019) Mills, Moses Norman; Albertus, ChesneSouth Africa has one of the highest crime rates in the world. The state aims to reduce the prevalence of crime mainly by sentencing offenders to imprisonment. In turn the goal of imprisonment is to rehabilitate offenders so that they can refrain from reoffending and be reintegrated into society. Unfortunately, due to various factors which exist inside and outside of prisons, rehabilitation and reintegration is difficult to achieve. The study unpacks the perennial question of whether or not the state has a legal duty to reintegrate offenders into society. This question looms particularly, during the post-release phase of offenders’ life. Preliminary indications are that the state currently views reintegration as a ‘societal responsibility.’ This study intends to determine whether or not the state has a legal duty to reintegrate offenders and provide them with support even after their release from imprisonment.Item A critical assessment of the constitutionality of section 79(7) of the Correctional Services Act 111 of 1998, with specific reference to the proviso(University of Western Cape, 2019) Pillay, George Aloysius Permall; Hamman, Abraham; Albertus, ChesneIn recent years the issue of medical parole has become a controversial issue in South Africa. Prior to 2012, at which juncture the law governing the release of inmates on grounds of terminal illness was amended, there were cases where the public deemed the law inadequate and susceptible to political interference.1 There can therefore be little doubt that an amendment to the law was opportune to ensure that the release of inmates was based on legitimate medical reasons.