Reconsidering the amicus curiae participation in S v Zuma: Lessons for future participation

by | Oct 13, 2019 | SACJ, SACJ V28 I1 2015

Reconsidering the amicus curiae participation in S v Zuma: Lessons for future participation

Authors Amanda Spies

ISSN: 1996-2118
Affiliations: Senior Lecturer, Department of Public, Constitutional and International Law, University of South Africa
Source: South African Journal of Criminal Justice, Volume 28 Issue 1, p. 59 – 72

Abstract

This discussion explores the unique nature of gender-based violence and the need for courts to understand the intricacies in adjudicating these matters. The focus is on amicus curiae participation as a specific litigation strategy that could enable courts to focus on the relevant victims and their experience of violence. Specifically the amicus curiae participation in S v Zuma is considered as the matter is unique in its rejection of the relevant amici curiae participation focusing on the need and relevance of this method of participation in future criminal trials.

Diversion in the South African criminal justice system: Emerging jurisprudence

by | Oct 13, 2019 | SACJ, SACJ V28 I1 2015

Diversion in the South African criminal justice system: Emerging jurisprudence

Authors Jamil Ddamulira Mujuzi

ISSN: 1996-2118
Affiliations: Associate Professor of Law, Faculty of Law, University of the Western Cape (UWC) and Research Fellow, Community Law Centre, UWC
Source: South African Journal of Criminal Justice, Volume 28 Issue 1, p. 40 – 58

Abstract

On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is ‘to establish a criminal justice system for children, who are in conflict with the law and are accused of committing offences, in accordance with the values underpinning the Constitution and the international obligations of the Republic’. The Act provides, inter alia, that a child who has committed any offence may be diverted from the criminal justice system. Case law has started emerging from South African courts dealing with some of the sections of the Act. The purpose of this article is to highlight how courts have interpreted or applied some of the sections of the Act.