Browsing by Author "Hamman, Abraham John"

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    An assessment of the reasons for the police’s use of excessive force and the dwindling confidence in their ability to protect human rights in South Africa
    (University of the Western Cape, 2024) Max, Lennit Hendry; Hamman, Abraham John
    Presently, the police are regarded as the most corrupt institution in South Africa, hence it is opportune to place the spotlight on the causes of their constant use of excessive force. Importantly, it must be questioned why the continued use of excessive force is rapidly eroding the public’s trust in the police to protect their human rights. Much has been said about why we are losing faith in the police, but the link between police brutality and the public’s dwindling trust in the police as protectors of their rights has not been explored profoundly. This thesis sought to make a modest contribution in this regard. It considers the laws that permit the use of force and the reasons why the police routinely violate such laws. The thesis also interrogates why the use of excessive force colours the public’s negative perception and lack of faith in the police as guardians of fundamental human rights. International, regional and domestic law and experiences are considered through an extensive review of extant literature and studies on police brutality and the effects on civilians’ faith in the police to keep them safe and to protect their rights. Indications are overwhelmingly that issues such as poor leadership, political interference, lack of adequate oversight, poorly trained officers who lack knowledge and often respect for constitutional and legal prescripts, and lack of technology, i.e. less-lethal weapons and de-escalation training coupled with prejudicial beliefs about certain communities, exacerbate policing in South Africa. The police force thus symbolises a breeding ground for the flourishing of violence with impunity. It leaves the public with little choice but to lose faith in the police.
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    Eradicating delay in the administration of justice in African courts : a comparative analysis of South African and Nigerian courts
    (University of the Western Cape, 2005) Obiokoye, Onyinye Iruoma; Hamman, Abraham John
    A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. In countries such as Nigeria, South Africa, Ghana, Tanzania, and Uganda, speedy resolution of disputes is becoming increasingly elusive. Although many African countries have constitutional provisions against delay, and have identified congestion, excessive adjournments, local legal culture and corruption as some of the major causes of delay, nevertheless, the problem continues to be a feature in African Courts. In Nigeria, the average period to commence and complete litigation is six to ten years. In some instances, the litigation period is even longer. For example, in the case of Arioriv. Muraimo Elemo proceedings commenced in October 1960 and took 23 years to reach the Supreme Court of Nigeria. In South Africa, despite many programs and projects in place to solve the problem, delay in the administration of justice is still a problem.
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    The impact of anti-money laundering legislation on the legal profession in South Africa
    (University of the Western Cape, 2015) Hamman, Abraham John; Fernandez, L
    This thesis investigates the legislative measures employed in South Africa to combat the implication of lawyers in money laundering schemes. Criminals make use of sophisticated technological means to transfer money and launderers routinely approach lawyers to assist them in their illegal endeavours. The legal profession is almost tailor-made for abuse by launderers, because lawyers work with huge amounts of money, clients are entitled to legal professional privilege and the right to legal representation is guaranteed constitutionally. The South African anti-money laundering regime, for the most part, is contained in two statutes, the Financial Intelligence Centre Act (FICA) and the Prevention of Organised Crime Act (POCA). Whilst FICA and POCA require the legal profession to be vigilant and accountable in the fight against money laundering, unfortunately they also infringe on hard-won rights, such as legal professional privilege, the right to legal representation and attorney-client confidentiality. The study considers South Africa’s efforts to fulfil its international anti-money laundering obligations whilst upholding the criminal procedural rights guaranteed in the Constitution. It is suggested that certain sections of FICA and POCA fail to find the required balance between protecting citizens from the harms of money laundering and protecting the fundamental rights of attorneys and their clients. Lawyers are in a unique position of trust and in some instances have access to information that may incriminate their clients. Unfortunately, in its quest to combat money laundering, Parliament did not consider seriously enough the position of lawyers and took the easy option of criminalising fees paid with tainted funds, as well as the non-submission of suspicious transaction reports (STRs) and cash transaction reports (CTRs). As a result, the South African legal profession is saddled with unacceptable constraints.
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    The Right to Privacy and the Challenge of Modern Cell Phone Technology
    (University of the Western Cape, 2004) Hamman, Abraham John; Steytler, N.C
    Privacy has been defined as a state in which one is not observed or disturbed by others and has freedom from public attention. A person's right to privacy entails that such a person should have control over his or her personal information and should be able to conduct his or her personal affairs relatively free from unwanted intrusions. The right to privacy has been included in the Constitution of the Republic of South Africa, Act 108 of 1996. The inclusion of the right to privacy in the Bill of Rights as a Fundamental right illustrates how important this right is regarded. By utilizing the latest cell phone technology, non-communicative personal information such as the number that is dialed, the time the call is made, and the movement and location of both the caller and the recipient of a call can be obtained. This type of information is recorded and stored by cell phone companies without the knowledge and consent of users. Technology makes it possible that others can access this information. A number of international instruments such as; the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention on Migrant Workers, and the UN Convention on the Protection of the Child contains privacy provisions. This instruments all state that no interference with the right to privacy should be allowed unless provision in domestic laws authorise such interference. Certain decisions of the European Court of Human Rights also confirm this principle and delivered a number of judgments, which dealt with individuals' right to pnvacy. In American cases such as Smith v Maryland 442 U.S. 735(1979) and United States v Miller 425 U.S. 435 (1976) information in possession of third parties do not receive protection if the information is voluntarily conveyed and forms part of commercial records. Canada on the other hand regards the nature of the information to be important to determine if it is personal and if the information reveals intimate details of a person. If it does the person will have reasonable expectation of privacy in the said information.