Introduction In any criminal proceeding, there should be respect for the rights of the victim and the accused irrespective of the sex, tribe or status. They are to be treated with justice and dignity. The existence of a criminal justice system (C.J.S.) is to guarantee the ultimate protection of the society’s basic value and norms. In virtually all civilized societies, there are rights which are universal, basic and enjoyed with fellow human beings. In many societies, women are dealt with on...
ABSTRACT This work identified non-performing loans as a major contributor to banking crisis. Albeit many loans were secured with mortgages, recovering them proved impossible owing to many factors which militate against realization of mortgage securities. This work therefore examined these factors that hinder realization of mortgage securities and proffered solutions to them in order to enhance debt recovery. The work discussed the canons of good lending; the factors that lenders should recko...
ABSTRACT The paper critically examines the statutory provisions on the Public Complaint Commission (hereinafter called the Commission), and make appropriate suggestions for reform. The Public Complaints Commission is a statutory creation with wide powers of inquiry and investigation: it has wide powers to receive complaints from members of the public against maladministration and misuse of administrative machinery by any public authority and companies or their officials. In Nigeria like othe...
Abstract The inception of the legal aid scheme in the Nigerian legal system brought about hope for the indigent and with it an increased rate of indigent dependents relying on the scheme to access justice. This article discusses the advent of legal clinics in Nigeria and its relevance to a university community; in particular, the writers look into the rationale for establishing a specialized Woman’s Law Clinic and discuss the risks and benefits associated with advocacy and practicing as a ...
Abstract The ultimate aim of medical treatment is to provide benefit for the patient and such treatment should not be prolonged if it cannot achieve this aim. Remarkable advances in neonatal care now make it possible to sustain the lives of many newborn infants who several years ago would have died in the first days or weeks after birth. Not all newborns fare well. Some infants with low birth weight or severe defects cannot survive for long, despite the most aggressive efforts to save them; o...
ABSTRACT Human rights are inherent to all human beings, regardless of their nationality, place of residence, sex, or ethnic origin, colour, religion, language, or any other status. Health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity. The right to health guarantees the right to life, on which other social, economic and political rights are hinged. The right to health involves availability, accessibility, acceptability, and q...
Abstract In a worldfacing a constant battle between the law and crime, yet another offspring of crime is unabashedly conceived and manages to seep out despite all attempts by the justice systems all over the world to eliminate or mitigate to the barest minimum crime in all its forms. Human Organ trade is a new trend in crime and is in fact fast topping the echelons of criminal strata and is indeed a very deadly crime to battle with. The question one might ask is, how long is the hand of the l...
ABSTRACT The Native tribes which cotjle under our consideration are those situated in the Eastern districts of Cape Colony and in the districts collectively known as the Transkei. It should be noted, in ~he first place, that these tribes had not had a long and undisturbed occupation of their territories. They were,~ colonists of almost as recent an origin as that of their white neighbours. They had been constantly disturbed as regards the occupation of their lands by their own migra...
The Little Karroo
TABLE OF CONTENTS DECLARATION......................................................................................................................................... 3 ACKNOWLEDGEMENTS ....................................................................................................................... 4 DEDICATION............................................................................................................................................. 5 CHAPTER 1: INTRODUCTION ..............
ABSTRACT The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, ...
ABSTRACT Violent crime in South Africa has reached epidemic levels, and something needs to be done about it as a matter of urgency. While the huge socio-economic inequalities in South Africa remain the main cause of crime in South Africa, the focus of this dissertation is on the inefficient, ineffective and unaccountable South African Police Service (SAPS), and how its failings have contributed to the public safety crisis South Africa is faced with presently. In this dissertation I suggest th...
ABSTRACT OF THESIS Judges of formal courts in Nigeria and South Africa do not easily have access to the contents of customary law they are required to apply in the course of adjudication and this has been a major challenge. This thesis examines the processes that courts adopt in the ascertainment and application of living customary law in Nigeria and South Africa in order to discover factors that influence the ascertainment and application of customary law. This research is qualitative in na...
TABLE OF CONTENTS Introduction 3 Objective 6 Chapter 1: The trust concept 10 1.1 A brief history of the origins of trust 10 1.2 Development through legislation 11 1.3 What is a trust? 13 1.4 Development through case law 14 Chapter 2: The elements of a valid trust 20 2.1 The essential elements for creation of a valid trust 20 2.2 Intention to create a trust 23 2.2.1 Intention manifested by the deed – form 24 2.2.2 Intention manifested by administration – substance 25 Chapter 3: The courts�...
ABSTRACT The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to ...