South Africa - Revision history

IBJadmin at 11:09, 25 February 2014

2014-02-25T11:09:31Z

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	The Republic of South Africa is divided into nine provinces, with the nation’s ~~capitol~~ located ~~at the city of~~ Pretoria. ~~<ref>CIA World Factbook~~, ~~available~~ at ~~<www~~.~~cia.gov/library/publications/the-world-factboook></ref> In~~ 1652, Dutch ~~traders discovered~~ the ~~area surrounding~~ Cape Town and in ~~1806~~ the ~~territory was~~ won by the British in the ~~notorious Boer Wars~~. ~~After independence~~ in ~~1910, South Africa was ruled according to~~ a policy of extreme ~~apartheid (World Factbook)~~. Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule ~~(World Factbook)~~. Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate ~~(World Factbook)~~. The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved ~~(World Factbook)~~. In South Africa~~, 79%~~ of the ~~population is native~~ to ~~Africa~~ and 9.~~6% are European (World Factbook). The religion is predominately Christian~~, with ~~over 36%~~ of ~~the population identifying as some Christian denomination~~. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>		The Republic of South Africa, located on the most southern tip of the continent of Africa, is a democratic republic divided into nine provinces, with the nation’s capital city located in Pretoria. Its first settlers were the San people, followed by the Khoikhoi, and then the Bantu people who migrated from central Africa by the 14th century. South Africa’s European colonial history began in 1488 when the Portuguese arrived at the Cape of Good Hope. Permanent European settlement did not occur until 1652 when Dutch settlers established the city of Cape Town as a key stopover point in their spice route to the Far East . The settlers, known as Boers or Afrikaners, tried to establish an independent republic as early as 1795. After the discovery of gold and diamonds in the late 19th century, more European settlers arrived ultimately leading to the notoriously brutal Anglo-Boer Wars won by the British in 1806. South Africa did not gain independence from the British Empire until 1910. The winning of elections by the National Party in 1948 marked the start of a series of oppressive laws forming a policy of extreme racial separation know as ‘apartheid’ . Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule .
			Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate . The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved. South Africa has nevertheless asserted its role as an emerging economic power landing it a place amongst the powerful BRICS nations. South Africa is currently one of the most economically prosperous countries in Africa due to its plethora of natural resources and important agricultural industry . Despite South Africa’s economic and social progress, human rights concerns have been expressed by the United States with regards to the use of force by law enforcement, legal proceedings, and discrimination in South Africa .
			<ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>

	==Type of Judicial System==		==Type of Judicial System==

IBJadmin at 08:07, 4 April 2013

2013-04-04T08:07:45Z

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			{{Languages\|South Africa}}

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Spalomba at 10:40, 18 February 2011

2011-02-18T10:40:53Z

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	The legal system in South Africa is a hybrid model comprised of constitutional provisions, national statutes, common law rules, and case law. Above all, the Constitution of South Africa is the supreme law, and no other laws may compromise any rights awarded in the Bill of Rights. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref> The most important criminal trial courts are the District Magistrates’ Courts, the Regional Magistrates’ Courts, and the High Court. Trial procedures in the lower and higher courts are exactly the same, save for a few minor exceptions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 499 ( 2d ed., Carolina Academic Press 2007)</ref>		The legal system in South Africa is a hybrid model comprised of constitutional provisions, national statutes, common law rules, and case law. Above all, the Constitution of South Africa is the supreme law, and no other laws may compromise any rights awarded in the Bill of Rights. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref> The most important criminal trial courts are the District Magistrates’ Courts, the Regional Magistrates’ Courts, and the High Court. Trial procedures in the lower and higher courts are exactly the same, save for a few minor exceptions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 499 ( 2d ed., Carolina Academic Press 2007)</ref>

	==Source of ~~Defendant~~'s Rights==		==Source of Defendants' Rights==

Durankar: /* Background */

2011-02-09T10:57:45Z

Background

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	The Republic of South Africa is divided into nine provinces, with the nation’s ~~capital~~ located at the city of Pretoria. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref> In 1652, Dutch traders discovered the area surrounding Cape Town and in 1806 the territory was won by the British in the notorious Boer Wars. After independence in 1910, South Africa was ruled according to a policy of extreme apartheid (World Factbook). Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule (World Factbook). Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate (World Factbook). The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved (World Factbook). In South Africa, 79% of the population is native to Africa and 9.6% are European (World Factbook). The religion is predominately Christian, with over 36% of the population identifying as some Christian denomination. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>		The Republic of South Africa is divided into nine provinces, with the nation’s capitol located at the city of Pretoria. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref> In 1652, Dutch traders discovered the area surrounding Cape Town and in 1806 the territory was won by the British in the notorious Boer Wars. After independence in 1910, South Africa was ruled according to a policy of extreme apartheid (World Factbook). Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule (World Factbook). Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate (World Factbook). The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved (World Factbook). In South Africa, 79% of the population is native to Africa and 9.6% are European (World Factbook). The religion is predominately Christian, with over 36% of the population identifying as some Christian denomination. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>

	==Type of Judicial System==		==Type of Judicial System==

Durankar: /* Pre-trial Phase */

2011-02-09T10:05:54Z

Pre-trial Phase

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	The Constitution of the Republic of South Africa was written in 1996 and came into effect in 1997. The South African Constitution is the supreme law of South Africa. No other laws may compromise any rights that are awarded to the defendant in the Bill of Rights, unless a court with the necessary power finds that there is a constitutionally permissible limitation. The current Constitution contains South Africa’s first Bill of Rights and represents a complete break from past apartheid-era policies. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref>		The Constitution of the Republic of South Africa was written in 1996 and came into effect in 1997. The South African Constitution is the supreme law of South Africa. No other laws may compromise any rights that are awarded to the defendant in the Bill of Rights, unless a court with the necessary power finds that there is a constitutionally permissible limitation. The current Constitution contains South Africa’s first Bill of Rights and represents a complete break from past apartheid-era policies. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref>

	==Pre-~~trial~~ Phase==		==Pre-Trial Phase==

Durankar: /* References */

2011-02-09T10:03:44Z

References

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	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>

	*South Africa has a total prison population of 160,026, with 319 per every 100,000 people in prison		*South Africa has a total prison population of 160,026, with 319 per every 100,000 people in prison
	*Approximately 29% of the South African prison population is made up of pre-trial detainees and .6% is comprised of juvenile prisoners		*Approximately 29% of the South African prison population is made up of pre-trial detainees and .6% is comprised of juvenile prisoners
	*South Africa currently has 239 prison institutions with an official prison capacity of 118,154. The current occupancy level for South African prisons is at 135.4%.		*South Africa currently has 239 prison institutions with an official prison capacity of 118,154. The current occupancy level for South African prisons is at 135.4%.

			{{Languages\|South Africa}}

	__NOTOC__		__NOTOC__

	~~{{Languages\|South Africa}}~~

Durankar at 10:01, 9 February 2011

2011-02-09T10:01:37Z

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	\|}		\|}

	=Background=		==Background==


	The Republic of South Africa is divided into nine provinces, with the nation’s capital located at the city of Pretoria. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref> In 1652, Dutch traders discovered the area surrounding Cape Town and in 1806 the territory was won by the British in the notorious Boer Wars. After independence in 1910, South Africa was ruled according to a policy of extreme apartheid (World Factbook). Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule (World Factbook). Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate (World Factbook). The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved (World Factbook). In South Africa, 79% of the population is native to Africa and 9.6% are European (World Factbook). The religion is predominately Christian, with over 36% of the population identifying as some Christian denomination. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>		The Republic of South Africa is divided into nine provinces, with the nation’s capital located at the city of Pretoria. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref> In 1652, Dutch traders discovered the area surrounding Cape Town and in 1806 the territory was won by the British in the notorious Boer Wars. After independence in 1910, South Africa was ruled according to a policy of extreme apartheid (World Factbook). Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule (World Factbook). Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate (World Factbook). The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved (World Factbook). In South Africa, 79% of the population is native to Africa and 9.6% are European (World Factbook). The religion is predominately Christian, with over 36% of the population identifying as some Christian denomination. <ref>CIA World Factbook, available at <www.cia.gov/library/publications/the-world-factboook></ref>

	=Type of Judicial System=		==Type of Judicial System==


	The legal system in South Africa is a hybrid model comprised of constitutional provisions, national statutes, common law rules, and case law. Above all, the Constitution of South Africa is the supreme law, and no other laws may compromise any rights awarded in the Bill of Rights. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref> The most important criminal trial courts are the District Magistrates’ Courts, the Regional Magistrates’ Courts, and the High Court. Trial procedures in the lower and higher courts are exactly the same, save for a few minor exceptions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 499 ( 2d ed., Carolina Academic Press 2007)</ref>		The legal system in South Africa is a hybrid model comprised of constitutional provisions, national statutes, common law rules, and case law. Above all, the Constitution of South Africa is the supreme law, and no other laws may compromise any rights awarded in the Bill of Rights. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref> The most important criminal trial courts are the District Magistrates’ Courts, the Regional Magistrates’ Courts, and the High Court. Trial procedures in the lower and higher courts are exactly the same, save for a few minor exceptions. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 499 ( 2d ed., Carolina Academic Press 2007)</ref>

	=Source of Defendant's Rights=		==Source of Defendant's Rights==


	The Constitution of the Republic of South Africa was written in 1996 and came into effect in 1997. The South African Constitution is the supreme law of South Africa. No other laws may compromise any rights that are awarded to the defendant in the Bill of Rights, unless a court with the necessary power finds that there is a constitutionally permissible limitation. The current Constitution contains South Africa’s first Bill of Rights and represents a complete break from past apartheid-era policies. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref>		The Constitution of the Republic of South Africa was written in 1996 and came into effect in 1997. The South African Constitution is the supreme law of South Africa. No other laws may compromise any rights that are awarded to the defendant in the Bill of Rights, unless a court with the necessary power finds that there is a constitutionally permissible limitation. The current Constitution contains South Africa’s first Bill of Rights and represents a complete break from past apartheid-era policies. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 471 ( 2d ed., Carolina Academic Press 2007)</ref>

	=Pre-trial Phase=		==Pre-trial Phase==

Durankar: /* Court Procedures */

2011-02-09T10:00:44Z

Court Procedures

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	Section 35 (1) (d) of the South African Constitution details the rights of the arrested, detained and accused and is drawn from local statutory and common law procedures as well as international conventions. This section states that everyone who is detained has the right to be informed of the reasons for being detained, must be brought before a court within 48 hours of the arrest, has the right to legal representation, and has the right to communicate with or be visited by family. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 472-73 ( 2d ed., Carolina Academic Press 2007)</ref> Section 12 Article 1 also states that everyone has the right to freedom and security of person, which includes the right to: not be detained without trial, not be tortured in any way, to be free from all forms of violence, not to be deprived of freedom arbitrarily, and not to be treated or punished in a cruel, inhuman, or degrading way. Arrests may be made with or without warrants. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 475 ( 2d ed., Carolina Academic Press 2007)</ref>		Section 35 (1) (d) of the South African Constitution details the rights of the arrested, detained and accused and is drawn from local statutory and common law procedures as well as international conventions. This section states that everyone who is detained has the right to be informed of the reasons for being detained, must be brought before a court within 48 hours of the arrest, has the right to legal representation, and has the right to communicate with or be visited by family. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 472-73 ( 2d ed., Carolina Academic Press 2007)</ref> Section 12 Article 1 also states that everyone has the right to freedom and security of person, which includes the right to: not be detained without trial, not be tortured in any way, to be free from all forms of violence, not to be deprived of freedom arbitrarily, and not to be treated or punished in a cruel, inhuman, or degrading way. Arrests may be made with or without warrants. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 475 ( 2d ed., Carolina Academic Press 2007)</ref>

	=Court Procedures=		==Court Procedures==


	In terms of pre-trial procedure, Section 35 (1) (e) of the Constitution states that at an arrested person’s first court appearance, the arrested must be either charged, released, or informed of the charges brought before them. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 500 ( 2d ed., Carolina Academic Press 2007)</ref> In South Africa, there is no such thing as prosecutorial investigation. This means that the investigation of the crime is carried out by the police who then submit the file to a prosecutor. The prosecutor does not directly participate in any investigative work, but merely oversees the investigation and decides whether there is a successful chance of prosecution. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 501 ( 2d ed., Carolina Academic Press 2007)</ref>		In terms of pre-trial procedure, Section 35 (1) (e) of the Constitution states that at an arrested person’s first court appearance, the arrested must be either charged, released, or informed of the charges brought before them. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 500 ( 2d ed., Carolina Academic Press 2007)</ref> In South Africa, there is no such thing as prosecutorial investigation. This means that the investigation of the crime is carried out by the police who then submit the file to a prosecutor. The prosecutor does not directly participate in any investigative work, but merely oversees the investigation and decides whether there is a successful chance of prosecution. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 501 ( 2d ed., Carolina Academic Press 2007)</ref>
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	South African trial proceedings are largely adversarial. According to the principle of the presumption of innocence, prosecutors are required to prove their case beyond a reasonable doubt. All trials are also public. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 503 ( 2d ed., Carolina Academic Press 2007)</ref> Additionally, Section 35 (3) (e) of the Constitution guarantees the accused the right to be present at their trial, unless that person continues to exhibit loud and disruptive behavior. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 510 ( 2d ed., Carolina Academic Press 2007)</ref> Finally, the Constitution ensures that the accused have the constitutional right to be protected from double jeopardy, meaning they cannot be punished twice for the same single offense. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 506 ( 2d ed., Carolina Academic Press 2007)</ref>		South African trial proceedings are largely adversarial. According to the principle of the presumption of innocence, prosecutors are required to prove their case beyond a reasonable doubt. All trials are also public. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 503 ( 2d ed., Carolina Academic Press 2007)</ref> Additionally, Section 35 (3) (e) of the Constitution guarantees the accused the right to be present at their trial, unless that person continues to exhibit loud and disruptive behavior. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 510 ( 2d ed., Carolina Academic Press 2007)</ref> Finally, the Constitution ensures that the accused have the constitutional right to be protected from double jeopardy, meaning they cannot be punished twice for the same single offense. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 506 ( 2d ed., Carolina Academic Press 2007)</ref>


	Section 35 (3) (g) of the South African Constitution guarantees the accused the right to legal representation. If the accused cannot afford legal representation, the state will assign that person a legal practitioner. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 512 ( 2d ed., Carolina Academic Press 2007)</ref> Both the prosecution and the defense have the right to call witnesses to the stand and said witness has the right to refuse to answer questions if those questions incriminate them. Both parties may similarly call expert witnesses. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 513 ( 2d ed., Carolina Academic Press 2007)</ref>		Section 35 (3) (g) of the South African Constitution guarantees the accused the right to legal representation. If the accused cannot afford legal representation, the state will assign that person a legal practitioner. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 512 ( 2d ed., Carolina Academic Press 2007)</ref> Both the prosecution and the defense have the right to call witnesses to the stand and said witness has the right to refuse to answer questions if those questions incriminate them. Both parties may similarly call expert witnesses. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 513 ( 2d ed., Carolina Academic Press 2007)</ref>
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	Section 35 (3) (h) of the South African Constitution guarantees that an accused person has the right to appeal to a higher court. If an appeal is successful, the higher court may only set aside the previous conviction on the following grounds: that the trial court was not competent or that the indictment was invalid or there was some “technical irregularity or defect in the procedure”. The prosecution cannot appeal an acquittal of the accused (page 515). <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 515 ( 2d ed., Carolina Academic Press 2007)</ref> South Africa has a system of automatic review in which the lower court sends the High Court a complete record of the case. A High Court judge must then confirm that the proceedings were “in accordance with justice”. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 516 ( 2d ed., Carolina Academic Press 2007)</ref>		Section 35 (3) (h) of the South African Constitution guarantees that an accused person has the right to appeal to a higher court. If an appeal is successful, the higher court may only set aside the previous conviction on the following grounds: that the trial court was not competent or that the indictment was invalid or there was some “technical irregularity or defect in the procedure”. The prosecution cannot appeal an acquittal of the accused (page 515). <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 515 ( 2d ed., Carolina Academic Press 2007)</ref> South Africa has a system of automatic review in which the lower court sends the High Court a complete record of the case. A High Court judge must then confirm that the proceedings were “in accordance with justice”. <ref>Craig M. Bradley, Criminal Procedure A Worldwide Study 516 ( 2d ed., Carolina Academic Press 2007)</ref>

			==References==
	<references/>		<references/>

Durankar at 09:58, 9 February 2011

2011-02-09T09:58:46Z

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 |}
-Coming Soon!
+The Republic of South Africa is divided into nine provinces, with the nation’s capital located at the city of Pretoria. <ref>CIA World Factbook, available at  <www.cia.gov/library/publications/the-world-factboook></ref> In 1652, Dutch traders discovered the area surrounding Cape Town and in 1806 the territory was won by the British in the notorious Boer Wars. After independence in 1910, South Africa was ruled according to a policy of extreme apartheid (World Factbook). Only when the African National Congress (ANC) came to power in 1994 did this system end and the nation celebrated its first ever majority rule (World Factbook). Today, the ANC still rules in a country that struggles with high poverty levels, economic inequality, poor education, and the world’s highest HIV/AIDS death rate (World Factbook). The ANC itself experiences increasingly high levels of infighting which threaten to disturb the general peace that the country has finally achieved (World Factbook). In South Africa, 79% of the population is native to Africa and 9.6% are European (World Factbook). The religion is predominately Christian, with over 36% of the population identifying as some Christian denomination. <ref>CIA World Factbook, available at  <www.cia.gov/library/publications/the-world-factboook></ref>
 <h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">QUICK FACTS</h2>
-*There are currently 160,026 people in South African prisons for an overall occupany rate of 135.4 percent.
+ *South Africa has a total prison population of 160,026, with 319 per every 100,000 people in prison
 __NOTOC__
 {{Languages|South Africa}}

Ibjadmin at 14:03, 25 January 2011

2011-01-25T14:03:19Z

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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: ~~400px~~; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES FOR SOUTH AFRICA</h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL RESOURCES FOR SOUTH AFRICA</h2>