87 research outputs found

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    Withdrawal from the International Criminal Court: Does Africa have an alternative?

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    After a century in the making, the International Criminal Court (ICC) came into existence in 2002 with an overwhelming number of states ratifying the Rome Statute. With 34 signatories, Africa is the largest contributor in the Assembly of State Parties, yet Africa has become its severest critic. As threats of withdrawal become a reality with the imminent withdrawal of Burundi, this article considers the question of whether Africa has an alternative solution. With an African Union (AU) Constitutive Act purporting a commitment to combating impunity and promoting democracy, rule of law and good governance, one would expect the AU to be ready to pick up the reins. To end impunity and hold perpetrators accountable, finding an alternative for the lacuna left in the absence of the ICC has never been more pressing. The recent adoption of a strategy by African countries for a mass withdrawal has pushed the matter to the fore. This article discusses the feasibility of amnesty, domestic and local trials, or an African regional court as viable alternatives to ICC jurisdiction and prosecution. The creation of an African regional court in the guise of the African Court of Justice and Human Right (ACJHR) seems the preferred solution, enabled by the Malabo Protocol extending its jurisdiction to international and transnational crimes. Slow ratification does not bode well for the proposed ACJHR and its extended jurisdiction. Time is of the essence and whatever solution is found will necessitate decisive action by the AU.Keywords: ICC, African Union, African Court of Justice and Human Rights, impunity, amnesty, regional court

    Sentencing practice in military courts

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    The purpose of this study is to investigate the sentencing practice of the military courts. Since an independent and impartial military judiciary is essential to ensure that justice is done a further aim of this study is to investigate whether the military courts are impartial, independent and affords the accused his fair trial rights. The sentences imposed by military courts are investigated and concerns regarding the imposition of these sentences are identified. Finally the appeal and review procedures followed by the military courts are investigated with specific reference to the military accused’s right appeal and review to a higher court as provided for by the Constitution. The sentencing phase of a trial forms an important part of the whole trial process. This is also true for military trials, yet no research has been done on military sentencing practice. Because of the potential influence of the draft Military Discipline Bill and the Law Reform Commission’s revision of the defence legislation on sentencing, research in this area is critical in the positive development of sentencing law in the military justice environment. An extensive literature study is undertaken to evaluate current military sentencing practices against civilian practices. The result of this study identifies certain concerns regarding the independence of the military courts, the treatment of military offenders and the appeal and review powers of the military reviewing authority. To a large extent it is also found that many concerns are based on the apparent rather than the existence of any real dangers to the independence of the military courts or the rights of the military accused. This thesis contributes to the accessibility of military law for a civilian audience, creating a platform for the development of future military sentences.JurisprudenceLL. D

    COVID-19 and the academe in South Africa: Not business as usual

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    The famous R.E.M. song laments ‘It’s the end of the world as we know it, I had some time alone, I feel fine…’. Many South Africans would agree that COVID-19 signals the end of the world (or business) as we know it, and through the lockdown we have certainly had some time alone. But contrary to the lyrics, all may not be fine, especially for South Africa’s scientific community. The novel coronavirus SARS-CoV-2 has impacted every economic and social sector1 across the globe, including higher education in South Africa. Every student and staff member at a higher education institution will have been affected in some way and to varying degrees; not one person will emerge from this unscathed. It is impossible to predict every short- and long-term impact of the COVID-19 pandemic, but we will experience the aftershocks for a long time to come. Here we discuss some of these impacts, ranging from undergraduate level to large research projects, and we offer suggestions on how to mitigate some of the damage.Geograph

    The comprehension and production of passive constructions by Afrikaans and isiXhosa first language Grade 1 children

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    DATA AVAILABILITY STATEMENT : Due to restrictions on data sharing with persons not named in the application for ethical clearance, supporting data is not available.The acquisition of passives is well-studied in many languages, with evidence of crosslinguistic differences in the age at which passives are acquired. The aim of this study is to add to the existing knowledge of child acquisition of passives by providing data from Afrikaans and isiXhosa, two under-researched and typologically different languages spoken in South Africa. Comprehension and production data were collected from first language speakers (27 Afrikaans; 29 isiXhosa) from low socioeconomic backgrounds at the beginning and end of their Grade 1 year (aged 6;0 to 7;6). Picture selection and sentence completion tasks of the Receptive and Expressive Activities for Language Therapy were used to collect comprehension and production data, respectively, on short/full passives with actional verbs, reversible passives, and passives containing perceptual and psychological verbs. Comprehension of short passives with actional verbs were fully acquired by the isiXhosa L1 groups and reversible passives were approaching mastery by the beginning of Grade 1, but not the comprehension or production of any other types of passives constructions, by neither the isiXhosa nor the Afrikaans L1 group. By the end of the Grade 1 year, the isiXhosa group had acquired full comprehension and production of all passive types, whereas the Afrikaans group had fully acquired comprehension of both short and full passives with actional verbs but not yet passive production. Language group differences are thought to be related, in part, to differences in passive morphosyntax.The National Research Foundation (NRF).https://www.tandfonline.com/loi/hlac20hj2024AfrikaansNon

    Contraceptive Preference Among Women at Risk of HIV Acquisition in a Preparatory Screening Study for a Phase III Microbicide Trial in South Western Uganda.

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    Contraceptive preferences of women at risk for HIV acquisition are not well documented. We report on contraceptive choices among women residing in small townships in southwestern Uganda. This was part of preparatory efforts for recruitment into the Ring Study, a phase 3 microbicide trial, between July 2013 and October 2014. Clinicians provided contraceptives per a woman's choice. HIV testing and screening for other sexually transmitted infections were done at first contact and at screening for the trial. Contraceptive choice was summarized by demographics and regression analysis to show factors associated with use of the injectable method. Of 6725 women contacted, 489 were prescreened. Of these 489 women, most (306, 63%) were already using contraception. Injectables were most preferred (58.7%), followed by implants (23.9%). Women living with a regular sexual partner preferred the injectable method (61.0%, P = 0.06), compared with other methods. Women at risk for HIV infection are willing to initiate use of modern contraceptives, which may reduce study dropout during intervention trials due to unintended pregnancy. Registration no: NCT01539226

    Adult antiretroviral therapy guidelines 2017

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    These guidelines are intended as an update to those published in the Southern African Journal of HIV Medicine in 2014 and the update on when to initiate antiretroviral therapy in 2015. Since the release of the previous guidelines, the scale-up of antiretroviral therapy (ART) in southern Africa has continued. New antiretroviral drugs have become available with improved efficacy, safety and robustness. The guidelines are intended for countries in the southern African region, which vary between lower and middle income

    Exploring South Africa’s southern frontier: A 20-year vision for polar research through the South African National Antarctic Programme

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    Antarctica, the sub-Antarctic islands and surrounding Southern Ocean are regarded as one of the planet’s last remaining wildernesses, ‘insulated from threat by [their] remoteness and protection under the Antarctic Treaty System’1 . Antarctica encompasses some of the coldest, windiest and driest habitats on earth. Within the Southern Ocean, sub-Antarctic islands are found between the Sub-Antarctic Front to the north and the Polar Front to the south. Lying in a transition zone between warmer subtropical and cooler Antarctic waters, these islands are important sentinels from which to study climate change.2 A growing body of evidence3,4 now suggests that climatically driven changes in the latitudinal boundaries of these two fronts define the islands’ short- and long-term atmospheric and oceanic circulation patterns. Consequently, sub-Antarctic islands and their associated terrestrial and marine ecosystems offer ideal natural laboratories for studying ecosystem response to change.5 For example, a recent study6 indicates that the shift in the geographical position of the oceanic fronts has disrupted inshore marine ecosystems, with a possible impact on top predators. Importantly, biotic responses are variable as indicated by different population trends of these top predators.7,8 When studied collectively, these variations in species’ demographic patterns point to complex spatial and temporal changes within the broader sub-Antarctic ecosystem, and invite further examination of the interplay between extrinsic and intrinsic drivers
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