Rethinking minimum sentence Legislation
- Authors: Goliath, Alphonso Augustine
- Date: 2020
- Subjects: Sentences (Criminal procedure) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47370 , vital:39851
- Description: The harsh mandatory minimum sentences, introduced by the Criminal Law Amendment Act 105 of 1997, seemed like a good idea to politicians, as a means of countering the escalating crime rate experienced when South Africa transitioned to its new democracy, and to appease the public that something is being done about the issue. The plan was that everyone who committed the same crime would receive the same guaranteed sentence. Judges and Magistrates can only deviate from the predetermined sentences if they are satisfied that substantial and compelling circumstances exist, which would justify the imposition of a lesser sentence, limiting their flexibility. By doing so sentences would always be fair, politicians could be seen to be tough on crime and everyone would be satisfied. Unfortunately, this is not how minimum sentencing legislation turned out to be, as research has shown that it is not a deterrent for crime in South Africa or anywhere else. Instead of achieving consistency in sentencing, it worsens inconsistencies and disparities. With minimum sentencing legislation, the sentence for drug trafficking and murder is the same. Instinctively, human beings want to be safe and secure, but to lock up non-violent people for years will not make people feel safer. Due to the increased number of people serving life sentences and because non-violent offences are incorporated in the minimum sentencing legislation, our prison population has increased rapidly. Minimum sentencing legislation has several negative consequences, at a huge cost to South Africans, of which overcrowding of prisons is the most significant. Courts were tolerant with the poor language of the minimum sentencing legislation, as it was only supposed to be a temporary emergency measure against the high escalating violent crime experienced in South Africa post-1994. Since this Legislation became permanent in 2007, it is considerably different from the one considered in S v Dodo and a constitutional challenge is justifiable. With reference to the above, this research will reveal that minimum sentencing legislation did not deliver the desired results South Africa was hoping for and it is a vii major contributor to South Africa’s social retrograde. The rethinking of minimum sentencing legislation becomes imperative, bearing in mind that South Africa has previously researched sentencing alternatives at its disposal.
- Full Text:
- Date Issued: 2020
- Authors: Goliath, Alphonso Augustine
- Date: 2020
- Subjects: Sentences (Criminal procedure) -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/47370 , vital:39851
- Description: The harsh mandatory minimum sentences, introduced by the Criminal Law Amendment Act 105 of 1997, seemed like a good idea to politicians, as a means of countering the escalating crime rate experienced when South Africa transitioned to its new democracy, and to appease the public that something is being done about the issue. The plan was that everyone who committed the same crime would receive the same guaranteed sentence. Judges and Magistrates can only deviate from the predetermined sentences if they are satisfied that substantial and compelling circumstances exist, which would justify the imposition of a lesser sentence, limiting their flexibility. By doing so sentences would always be fair, politicians could be seen to be tough on crime and everyone would be satisfied. Unfortunately, this is not how minimum sentencing legislation turned out to be, as research has shown that it is not a deterrent for crime in South Africa or anywhere else. Instead of achieving consistency in sentencing, it worsens inconsistencies and disparities. With minimum sentencing legislation, the sentence for drug trafficking and murder is the same. Instinctively, human beings want to be safe and secure, but to lock up non-violent people for years will not make people feel safer. Due to the increased number of people serving life sentences and because non-violent offences are incorporated in the minimum sentencing legislation, our prison population has increased rapidly. Minimum sentencing legislation has several negative consequences, at a huge cost to South Africans, of which overcrowding of prisons is the most significant. Courts were tolerant with the poor language of the minimum sentencing legislation, as it was only supposed to be a temporary emergency measure against the high escalating violent crime experienced in South Africa post-1994. Since this Legislation became permanent in 2007, it is considerably different from the one considered in S v Dodo and a constitutional challenge is justifiable. With reference to the above, this research will reveal that minimum sentencing legislation did not deliver the desired results South Africa was hoping for and it is a vii major contributor to South Africa’s social retrograde. The rethinking of minimum sentencing legislation becomes imperative, bearing in mind that South Africa has previously researched sentencing alternatives at its disposal.
- Full Text:
- Date Issued: 2020
Agricultural development and emerging small-scale farmers in Mbizana Local Municipality
- Authors: Nxitywa, Nosithembiso
- Date: 2018
- Subjects: Farmers -- South Africa -- Eastern Cape , Farms, Small --South Africa -- Eastern Cape Agricultural development projects -- South Africa -- Eastern Cape Agriculture -- Economic aspects -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/33726 , vital:33006
- Description: The agricultural sector is among one of the sectors that contribute to the economy of the country, in job creation and food security to mention a few aspects. The Eastern Cape Province is one of the poorest provinces in the country where most people depend on small-scale agriculture as their major source of livelihood, particularly in the rural areas. This is mainly due to the challenges of poverty and unemployment. Small-scale farming is a key activity to eliminate poverty and unemployment. However, mainly obstacles prevail and this includes access to markets, support and skills development. This research study aims to investigate the sustainability of small-scale farmers. The data was collected by means of in depth interviews from Mbizana local Municipality. A total of 12 respondents were selected as a sample for this investigation as well as ensuring that data quality is attained. Causal layered analysis was used to analyse the results. The results indicate that small-scale farmers are faced with several challenges which include, finance, skilled contractors and land ownership. Furthermore, it is evident that small-scale farmers are struggling to obtain a sustainable economic return. Farmers can participate in high-value markets by obtaining the required food safety certifications, which otherwise would be inaccessible to them individually but as groups or cooperatives to enhance them to easily access markets. In local informal markets, for instance, smallholders often find their prices undercut by produce that informal traders buy from large-scale commercial farmers. Supermarket chains, on the other hand, provide a lucrative niche market for smallholders but these downstream linkages are limited to smallholders that meet product variety and quality standards.
- Full Text:
- Date Issued: 2018
- Authors: Nxitywa, Nosithembiso
- Date: 2018
- Subjects: Farmers -- South Africa -- Eastern Cape , Farms, Small --South Africa -- Eastern Cape Agricultural development projects -- South Africa -- Eastern Cape Agriculture -- Economic aspects -- South Africa -- Eastern Cape
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/33726 , vital:33006
- Description: The agricultural sector is among one of the sectors that contribute to the economy of the country, in job creation and food security to mention a few aspects. The Eastern Cape Province is one of the poorest provinces in the country where most people depend on small-scale agriculture as their major source of livelihood, particularly in the rural areas. This is mainly due to the challenges of poverty and unemployment. Small-scale farming is a key activity to eliminate poverty and unemployment. However, mainly obstacles prevail and this includes access to markets, support and skills development. This research study aims to investigate the sustainability of small-scale farmers. The data was collected by means of in depth interviews from Mbizana local Municipality. A total of 12 respondents were selected as a sample for this investigation as well as ensuring that data quality is attained. Causal layered analysis was used to analyse the results. The results indicate that small-scale farmers are faced with several challenges which include, finance, skilled contractors and land ownership. Furthermore, it is evident that small-scale farmers are struggling to obtain a sustainable economic return. Farmers can participate in high-value markets by obtaining the required food safety certifications, which otherwise would be inaccessible to them individually but as groups or cooperatives to enhance them to easily access markets. In local informal markets, for instance, smallholders often find their prices undercut by produce that informal traders buy from large-scale commercial farmers. Supermarket chains, on the other hand, provide a lucrative niche market for smallholders but these downstream linkages are limited to smallholders that meet product variety and quality standards.
- Full Text:
- Date Issued: 2018
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