Browsing by Author "Albertus, Chesne"

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    A critical analysis of the laws which affect the size of the remand detention population in South Africa
    (University of the Western Cape, 2024) Davids, Gidean Zion; Albertus, Chesne
    Background: The term ‘remand detainee’ means a person detained in a remand detention facility awaiting the finalisation of their trial. Such person has not commenced with serving a sentence or is not already serving a prior sentence. Remand detainees have a unique status, in that they are presumed innocent (if they have not been convicted yet) and are protected by certain rights that do not apply to sentenced offenders. These rights will be discussed later in this chapter. A bail application of an accused person should be seriously considered by the courts and in principle such decision should not easily lead to remand detention where bail is not a just option. Put plainly, when the courts cannot grant bail to the accused, detention should not be the automatic means to ensure the accused’s attendance at his/her trial. There are after all various ways in which the attendance of the accused can be secured at his/her trial.5
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    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, Chesne
    The 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.
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    An analysis of the legal challenges experienced by offenders with hearing and/or speech impairment in the South Africa criminal justice system
    (University of the Western Cape, 2019) Petse, Isiphile; Albertus, Chesne
    This study identifies and analyses legal impediments faced by certain offenders who have impaired speech and hearing in the criminal justice system. It focuses on some of the challenges which arise during the pre-trial stage, trial and during incarceration. In particular the thesis considers the barriers which offenders face in making or seeking to make voluntary statements, challenges due to an inability to understand court proceedings and the plight of such offenders during incarceration. Some of the major barriers which ought to be addressed in terms of the law are identified and highlighted while endeavouring to make some recommendations which may improve the position of offenders with hearing and /or speech impairment in the South African criminal justice system.
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    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, Chesne
    The 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.
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    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, Chesne
    South 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.
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    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, Chesne
    In 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.
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    THE NATIONAL POLICY FRAMEWORK AND STRATEGY ON PALLIATIVE CARE 2017‒2022: WHAT’S IN IT FOR TERMINALLY ILL INMATES IN SOUTH AFRICA?
    (2020) Albertus, Chesne
    In South Africa many people suffer from serious, incurable health conditions that may render them incapacitated and/or terminally ill. Such persons may inevitably require holistic care such as palliative care. The adoption in 2017 of the National Policy Framework and Strategy on Palliative Care 2017‒2022 (NPFSPC) in line with the Health Assembly Resolution 67.19 “Strengthening of Palliative Care as a Component of Comprehensive Care Throughout the Life Course” thus marked a significant milestone for advocates of palliative care, as well as for persons affected by terminal illness. Despite this positive step towards the fulfilment of the right to access healthcare, terminally ill persons who are inmates in South African correctional centres are not sufficiently protected by the NPFSPC. While the policy may be lauded for its detailed provisions aimed at affording appropriate care to free persons, it makes but a few fleeting references to inmates who are terminally ill – a very vulnerable group, given the often appalling conditions in correctional centres, the limited resources generally available to inmates and the stigma attached to them. It is therefore submitted that palliative care should be available to all inmates diagnosed with a terminal illness from the moment they are diagnosed. This article also analyses the stated purpose of the NPFSPC in relation to correctional settings, as well as the impact of disease on correctional centres, and the importance of fostering partnerships.
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    Palliative care for terminally ill inmates: Does the state have a legal obligation?
    (Juta Law, 2012) Albertus, Chesne
    ‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right to palliative care and that the State has a duty to fulfil this right. The number of unsuccessful medical parole applications and recorded natural deaths of inmates is considered as indicative of the problem of terminally ill inmates in South African prisons. It is further contended that the State’s obligation arises from an inmate’s constitutional right to health care and from an increasingly recognised international human right to palliative care.
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    Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa
    (University of the Western Cape, 2012) Albertus, Chesne
    This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety.
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    The right to health in respect of terminally ill persons in South Africa
    (2014) Albertus, Chesne
    It is probably true that „death is the great equalizer‟ amongst human beings and that some of its „cousins: illness, dementia, physical debility, and advance age‟2 can ensure a journey marked by severe pain and suffering before we reach our ultimate fate. Yet, despite this reality most people choose not to think or talk about the issues that affect human beings during the period of life called dying, which is possibly the most vulnerable time in human existence. The limited discussions on end-of-life issues arguably exacerbate the vulnerability of those who are affected by terminal illnesses. This is unfortunate and particularly of concern in the South African context where there are indications that thousands of people are not enjoying good health and are in fact facing life-threatening or potentially life-threatening medical diagnoses.