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Browsing by Author "Omar, Jameelah"

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Burying the Ghosts of a Complainant’s Sexual Past: The Constitutional Debates Surrounding Section 227 of the Criminal Procedure Act 51 of 1977

Author: Omar, Jameelah Date: 17 Dec 2010 “It has been said that the victim of a sexual assault is actually assaulted twice- once by the offender and once by the criminal justice system.”1 South Africa’s rape shield provision is contained in section 227 of the Criminal Procedure Act.2 ... Read more c b
Criminalising cannabis in South Africa: a history and post-Prince discussion

Author: Weihrauch, Ronja Date: 2021 This thesis circles around the history of the criminalisation of cannabis as well as its decriminalisation around 100 years later. While dagga was cultivated and used by the indigenous tribes long before the first settlers arrived and even ... Read more
The doctrine of Swart Gevaar to the doctrine of common purpose: a constitutional and principled challenge to participation in a crime

Author: Davidson, Yusha Date: 2017 Swart gevaar was a term used during apartheid to refer to the perceived security threat of the majority black African population to the white South African government and the white minority population. The Native Territories Penal Code, ... Read more
A Guide to Bail Applications - book review

Author: Omar, Jameelah Date: 2019 This is a review done by Jameelah Omar of a publication with a title "A Guide to Bail Applications" authored by M T Mokoena. The title is a Second Edition published Juta and Co (Pty) Ltd. 2018. pp 280. (soft cover). Read more
A legal analysis in context: The Regulation of Gatherings Act - a hindrance to the right to protest?

Author: Omar, Jameelah Date: 2017 South Africa has seen a groundswell of protests in the past few years. The number of arrests during protest action has likewise increased. In June 2017 the Social Justice Coalition (SJC) challenged the constitutionality of the Regulation ... Read more
Legal Terminology: Criminal Law, Procedure and Evidence - book review

Author: Omar, Jameelah Date: 2016 Book review of Legal Terminology: Criminal Law, Procedure and Evidence. By Michael Wilhelm Prinsloo, Marietta Alberts & Nina Mollema (editors). Juta Co Ltd. 2015. 662 pp. Price: R650.00 (soft cover) Read more
Pathological vs non-pathological incapacity: are the differences in requirements and consequences justified?

Author: Mazhude, Mandifadza Kurirai Date: 2021 This paper covers the criminal law defences of pathological incapacity and non-pathological incapacity in South African law which are used by defendants in criminal cases to refute the element of capacity that is necessary for the court to ... Read more
Protecting the learning space: the case for the regulation of staff-student relationships at university campuses in South Africa

Author: Omar, Jameelah Date: 2019 Concern over sexual violence at South African higher education institutions has been mounting since 2012. The systemic inquiry into sexual harassment at the University of the Witwatersrand that looked into the patterns, prevalence and ... Read more
Questioning the undefended accused - Practical examples for Magistrates

Author: Omar, Jameelah Date: 2016 A review of DJ Steyn Questioning: The Undefended Accused - Practical Examples for Magistrates. 2nd edition. LexisNexis (Pty) Ltd. 2014. Volume 1A R777.00 (soft cover). Read more
Sexual violence and the Criminal Justice System in Ghana: Exploring the issues of victim protection and confidentiality in the court

Author: Hutchful, Ebenezer Date: 2020 The protection of survivors of sexual violence during court proceedings is as important as the court proceedings themselves, as any mishaps may impact greatly on the well-being and future engagement of these survivors with the criminal justice ... Read more
South Africa's rape shield: Does section 227 of the Criminal Procedure Act affect an accused's fair trial rights?

Author: Omar, Jameelah Date: 2016 Rape shield laws are a critical aspect of the protection of rape complainants during the criminal justice process. The rationale of rape shield laws is to protect complainants from having their sexual reputation or behaviour used to reduce ... Read more
Teaching sexual offences sensitively: Not a capitulation but good pedagogy

Author: Omar, Jameelah Date: 2018 Sexual offences form a part of the criminal law syllabus during the LLB programme at most South African law schools. All law graduates in South Africa should have the knowledge and skills to understand the nuances and sensitivities related ... Read more
Testing the judiciary's appetite to reimagine protest law: A case note on the SJC10 case

Author: Omar, Jameelah Date: 2018 Judgment in the long-awaited SJC10 case was handed down on 24 January 2018. This case marks a victory for the collective bane on civil society – that of the criminalisation of a convener of a protest for the failure to provide notice. It ... Read more
The Constitutional application of the Prevention of Organised Crime Act 121 of 1998

Author: Prinsloo, Benjamin Date: 2022 Chapter 6 of the Prevention of Organised Crime Act 121 of 1998 (‘POCA') presents a means for forfeiture of property to the state which was either instrumental to an offence, or the proceeds of unlawful activity, without necessarily proving ... Read more
Towards a policy on naming and shaming of sex offenders in Botswana: lessons learnt from South Africa and United States of America

Author: Solomon, Kaone Date: 2020 Sexual violence is one of the most pressing social and human rights issues facing Botswana today and as a result Batswana have demanded greater justice and punishment for sex offenders. The Government of Botswana have purportedly found the ... Read more