Suhayfa Bhamjee
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View article: Using common law and statutory offences to address obstetric violence in South Africa
Using common law and statutory offences to address obstetric violence in South Africa Open
In recent years there has been increasing concern about the various forms of abuse faced by birthing patients during labour and childbirth. Common examples include being scolded, slapped, pinched, stabbed with scissors or struck with a rul…
View article: CONSTRUCTIVE BREAKING − A CONSTRUCTIVE PART OF THE HOUSEBREAKING CRIME?
CONSTRUCTIVE BREAKING − A CONSTRUCTIVE PART OF THE HOUSEBREAKING CRIME? Open
Section 9 of the Theft Act of 1968 heralded a new formulation of the crime of burglary in English law, in that the unlawful conduct associated with the crime was changed from the previous elements of breaking and entering, to the requireme…
View article: HIV STATUS AS A MITIGATING FACTOR IN SENTENCING: A CRITICAL REVIEW S v Magida 2005 2 SACR 591 (SCA)
HIV STATUS AS A MITIGATING FACTOR IN SENTENCING: A CRITICAL REVIEW S v Magida 2005 2 SACR 591 (SCA) Open
Crime and punishment have always gone hand in hand. Over the centuries, courts have struggled with the difficult task of finding appropriate sentences. In doing so, they have had to deal with moral, social and other issues whilst striving …
View article: OF OBEDIENCE AND OFFENCE S v Mostert 2006 1 SACR 560 (N)
OF OBEDIENCE AND OFFENCE S v Mostert 2006 1 SACR 560 (N) Open
The judgment of Theron J in the recent case of S v Mostert has raised some interesting questions about the nature and content of the defence of obedience to orders (which will be referred to interchangeably with the alternative appellation…
View article: WHEN IS INDECENCY “PUBLIC”? Rose v Director of Public Prosecutions [2006] 1 WLR 2626 (QBD)
WHEN IS INDECENCY “PUBLIC”? Rose v Director of Public Prosecutions [2006] 1 WLR 2626 (QBD) Open
The crime of public indecency is not without controversy in the context of the new constitutional dispensation in South Africa. The criminalisation of behaviour that is assessed as having offended the sensibilities of the public inevitably…
View article: A TALE OF ATTEMPTED MURDER AND HIV … S v Nyalungu 2005 JOL 13254 (T) “
A TALE OF ATTEMPTED MURDER AND HIV … S v Nyalungu 2005 JOL 13254 (T) “ Open
The South African Law Commission (as it was then – hereinafter “SALC”) was commissioned to investigate various aspects of the law as it related to HIV/AIDS. In its 5th and final report (Project 85, 5th Interim Report on Aspects of the Law …
View article: Death and dying in a constitutional democracy – an analysis of the South African criminal law and a call for law reform.
Death and dying in a constitutional democracy – an analysis of the South African criminal law and a call for law reform. Open
Murder is defined as the unlawful and intentional causing of the death of another human being. Suicide is not a crime. In South Africa, the act of assisting another person to commit suicide is prosecutable under the broad category of crime…
View article: IS THE RIGHT TO DIE WITH DIGNITY CONSTITUTIONALLY GUARANTEED? BAXTER V MONTANA* AND OTHER DEVELOPMENTS IN PATIENT AUTONOMY AND PHYSICIAN ASSISTED SUICIDE
IS THE RIGHT TO DIE WITH DIGNITY CONSTITUTIONALLY GUARANTEED? BAXTER V MONTANA* AND OTHER DEVELOPMENTS IN PATIENT AUTONOMY AND PHYSICIAN ASSISTED SUICIDE Open
This article examines the question of whether the right to life encompasses the right to die with dignity. It looks at the concepts of autonomy and paternalism as they exist as major themes on either side of the debate. Physician Assisted …
View article: ARE THERE LAWS AND POLICIES PROTECTING PEOPLE INFECTED AND AFFECTED BY HIV/AIDS IN SOUTHERN AFRICA? AN UPDATE OF A REVIEW OF THE EXTENT TO WHICH COUNTRIES WITHIN THE SOUTH AFRICAN DEVELOPMENT COMMUNITY HAVE IMPLEMENTED THE HIV/AIDS AND HUMAN RIGHTS INTERN
ARE THERE LAWS AND POLICIES PROTECTING PEOPLE INFECTED AND AFFECTED BY HIV/AIDS IN SOUTHERN AFRICA? AN UPDATE OF A REVIEW OF THE EXTENT TO WHICH COUNTRIES WITHIN THE SOUTH AFRICAN DEVELOPMENT COMMUNITY HAVE IMPLEMENTED THE HIV/AIDS AND HUMAN RIGHTS INTERN Open
A review published in 2007 of the extent to which countries in the Southern African Development Community (SADC) region were implementing the HIV/AIDS and Human Rights International Guidelines was completed in 2006. In summary the review f…
View article: WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)
WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C) Open
The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. Th…
View article: BACK TO THE FUTURE: A LESSON IN FAIRNESS AND RETROSPECTIVITY S v Acting Regional Magistrate, Boksburg: Venter and Another (CCT 109/10) [2011] ZACC 22; 2011 (2) SACR 274 (CC)
BACK TO THE FUTURE: A LESSON IN FAIRNESS AND RETROSPECTIVITY S v Acting Regional Magistrate, Boksburg: Venter and Another (CCT 109/10) [2011] ZACC 22; 2011 (2) SACR 274 (CC) Open
The purpose of any legislation is to safeguard the welfare of society. Any law that fails to do that cannot justify its existence. In S v Acting Regional Magistrate, Boksburg: Venter ((CCT 109/10) [2011] ZACC 22; 2011 (2) SACR 274 (CC)) th…
View article: PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR
PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR Open
This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a wife at the time of marriage and divorce. In this regard, the respective matrimonial property syste…
View article: Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty?
Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty? Open
Medical advances have created a range of life-saving or life-prolonging treatments that enable life to be extended artificially. The South African National Health Act provides that a patient has the right to refuse treatment: therefore, in…
View article: Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty?
Proposed legislation on enduring powers of attorney for healthcare decisions and living wills: A legal lifeboat in a sea of uncertainty? Open
Medical advances have created a range of life-saving or life-prolonging treatments that enable life to be extended artificially. The South African National Health Act provides that a patient has the right to refuse treatment: therefore, in…
View article: Amendments to the Sexual Offences Act dealing with consensual underage sex: Implications for doctors and researchers
Amendments to the Sexual Offences Act dealing with consensual underage sex: Implications for doctors and researchers Open
In terms of the Sexual Offences and Related Matters Amendment Act, consensual sex or sexual activity with children aged 12 - 15 was a crime, and as such had to be reported to the police. This was challenged in court in the Teddy Bear case,…