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Law of Punishment and Sentencing

This Guide aims to assist students and researchers in understanding the complexities of punishment and sentencing within the South African legal system

Prescribed Articles

Januarie N and Kariseb K Sentencing, human rights and the courts in Namibia: A consideration of S v Gaingob 2018 (1) NR 211 (SC) SACJ 2024 171

Boleu K Examining the value of criminologists’ skills in the context of sentencing objectives: Perspectives from presiding officers in Bloemfontein, Free State Province SACJ (2023) 363

De Wet E “The ‘Friendly but Cautious’ Reception of International Law in the Jurisprudence of the South African Constitutional Court: Some Critical Remarks’ 2004 - 2005 (28) Fordham International Law Journal 1529 - 1565

Human M, Geoffrey, L and Lazarus T Inclusive pre-sentencing reports for children who conflict with the law: Applying and executing section 71 of the Child Justice Act 2024 SACJ 1

Van der Linde D Progressive, yet problematic: Unpacking the therapy order and Sentence in S v SN South African Journal of Law  2023 140(4) 715

Jolandi le Roux­Bouwer Minimum sentences for rape involving more than one perpetrator – recent case law [Director of Public Prosecutions, KwaZulu­Natal Pietermaritzburg v Ndlovu (888/2021) [2024] ZASCA 23 (14 March 2024)] SACJ (2024) 235

Watney Appeal will not remedy a guilty plea presented for the wrong reasons TSAR 2024 367

Mujuzi, J ‘Releasing terminally ill prisoners on medical parole in South Africa’  (2009)  2 South African Journal of Bioethics and Law

Snyman T and Rudman a Protecting transgender women within the African human rights system through an inclusive reading of the Maputo Protocol and the proposed Southern Africa Development Community Gender-Based Violence Model Law Stell LR (2022) 57

CD Magobotiti An assessment of sentencing approaches to persons convicted of white-collar crime in South Africa Journal for Juridical Science 2021:46(2):102-119

Singh A and TW Maseko ‘The protection of prisoners’ rights to health care services in the South African law: Is it adequate?’ (2006) 31 Journal for Juridical Science 81

Pieterse M ‘The potential of socio-economic rights litigation for the achievement of social justice: Considering the example of access to medical care in South African prisons’ (2006) 50 Journal of African Law

Barnes J ‘Not too ‘Great Expectations’: Considering the right to health care in prisons and its constitutional implementation’ (2009) 1 SACJ 39

Keehn E and Nevin A ‘Health, Human Rights, and the Transformation of Punishment: South African Litigation to Address HIV and Tuberculosis in Prisons June 2018 (20) Health and Human Rights Journal 213

Esperian J The Effect of Prison Education Programs on Recidivism The Journal of Correctional Education 61 (4) December 2010

Mujuzi J The Expungement of Criminal Records in South Africa: The Drafting History of the Law, the Unresolved Issues, and How They Could be Resolved Statute Law Review, 2014, Vol. 35, No. 3, 278–303

Pillay G A critical assessment of the constitutionality of section 79(7) of the Correctional Services Act 111 of 1998, with specific reference to the proviso (Unpublished LLM thesis)

Wolf L A critical appraisal of the parole system and its compliance with section 165 of the Constitution 2024 SALJ 554

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