Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017

by | Feb 14, 2021 | SACJ, SACJ V33 I3 2020

Prosecuting and punishing copyright infringements in South Africa: A comment on the Copyright Amendment Bill, B13B-2017

Author: Jamil Ddamulira Mujuzi

ISSN: 1996-2118
Affiliations: LLB (Makerere) LLM (Pretoria) LLM (Free State) LLD (Western Cape), Professor of Law, Faculty of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 33 Issue 3, p. 731 – 751
https://doi.org/10.47348/SACJ/v33/i3a11

Abstract

Section 27(6) of the Copyright Act provides for penalties to be imposed on those convicted of infringing copyright. In terms of s 27(6), a person who infringes copyright is liable to be sentenced to a fine or to imprisonment or to both a fine and imprisonment. The Copyright Amendment Bill (which was passed by parliament in early 2019), introduces, amongst other things, minimum sentences for juristic persons convicted of infringing copyright. The purposes of this article are: to highlight high court decisions dealing with the prosecution of people who have infringed copyright; recommend ways in which copyright owners may invoke their right to institute a private prosecution as one of the means to protect their rights; highlight the limitations of the right to institute a private prosecution; and to highlight the challenges that are likely to be faced in the implementation of the minimum sentences introduced by the Copyright Amendment Bill.

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

by | Dec 5, 2020 | SACJ, SACJ V33 I2 2020

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

Author Delano Cole van der Linde

ISSN: 1996-2118
Affiliations: LLB (Stell), LLM (Stell), LLD (Stell), Lecturer, Faculty of Law, North-West University. This article is written based on research conducted for my LLD dissertation at Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 273 – 301

Abstract

The Prevention of Organised Crime Act 121 of 1998 (POCA) was promulgated in order to, inter alia, supplement the common law insofar it was ineffective in dealing with criminal gang activity, particularly in the Cape Flats in the Western Cape. However, the new measures appear to be substantially similar to the common law, therefore, nullifying the raison d’être. This article examines the extent to which the existing common law modalities overlap with the measures promulgated under POCA and attempts to identify those scenarios in which it would be more advantageous to utilise either the former, the latter or potentially both. It is submitted that if the extent of the overlap is so great that the common law modalities and the measures under POCA are indistinguishable, then supplementary or replacement legislation should be considered.

The social justice implications of criminalisation of HIV transmission

by | Dec 5, 2020 | SACJ, SACJ V33 I2 2020

The social justice implications of criminalisation of HIV transmission

Author Matthew Robinson

ISSN: 1996-2118
Affiliations: PhD (Florida State), Professor, Department of Government and Justice Studies, Appalachian State University, and Visiting Professor, University of Zululand
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 302 – 319

Abstract

In this paper, the author attempts to provide some answers about the ‘right thing’ to do in cases where a person has wilfully or negligently exposed another person to HIV or does not tell a partner about their HIV status prior to engaging in sexual relations. To do this, the author introduces and summarises four main theories of justice and demonstrates that each is found within the Constitution of the Republic of South Africa, making them highly relevant for the practice of law in the country. The analysis reveals that in cases where there is legal culpability in the transmission of HIV, all four theories of justice and key principles of the Constitution are violated, suggesting criminalisation would be appropriate in those cases. However, the paper also illustrates that criminalising HIV transmission would likely lead to outcomes that would also violate those same conceptions of justice as well as other values important to South Africans, such as compassion and effective public health. The paper shows that arguments rooted in justice theory and the Constitution of the Republic of South Africa could be made both for and against the criminalisation of HIV transmission.