PRES PRESENT ENTED ED BY : BY : ELIV ELIVERA ERA DU DU PLO - - PowerPoint PPT Presentation

TH THE RULE E RULE OF LAW OF LAW AND TR AND TRANSITIONAL ANSITIONAL JU JUSTICE STICE IN IN FRAG FRAGIL ILE AND AND POS POST T CON CONFL FLICT ICT STA STATES TES

PRES PRESENT ENTED ED BY : BY : ELIV ELIVERA ERA DU DU PLO PLOOY OY

TH THE RUL E RULE OF LAW E OF LAW IN IN POST OST AP APAR ARTH THEID EID SO SOUT UTH H AFR AFRIC ICA: A: TR TRAN ANSI SITION, TION, DE DEVE VELO LOPM PMENT ENT AN AND C D CHA HALL LLEN ENGE GES

• Post 1994, the rule of law underwent radical change.
• The Constitution became the Supreme Law of the Country.
• The Bill of Rights.
• Purpose of this presentation:-

TH THE CON E CONST STIT ITUTION UTION AN AND D TH THE BIL E BILL L OF OF RIG IGHTS HTS

• Nelson Mandela’s quote.
• The South African Constitution.
• Bill of Rights, pure, uncomplicated and simple.

TR TRAN ANSI SITION TION

• Pre 1994 – South Africa marred by political struggles.
• Freedom and equality was on everyone’s lips.
• The negotiated Interim Constitution.
• The Final Constitution – 10 December 2006.

DE DEVE VELO LOPME MENT NT

• The pre 1994 rule of law had to be aligned with The Bill of Rights.
• Prosecutors were suddenly confronted with constitutional challenges on a

daily basis.

• Created opportunities for Prosecutors to become involved in the transition and

development of the rule of law.

• These opportunities are limited.
• The Constitution makes provision for independent bodies/institutions.

DE DEVE VELO LOPME MENT NT CO CONT NTIN INUE UE.. ...

• The Criminal Justice System deals with probably the greatest number of

entrenched rights on a daily basis.

• Prosecutorial involvement in constitutional challenges.
• Section 36 of the Constitution provides:
• Limitation of rights.
• The injustices of “Apartheid”.

CHA CHALL LLEN ENGE GES

• South Africa became one of the crime capitals of the world.
• The Courts are overloaded and under staffed, prosecutors overworked and

prisons overcrowded.

• Entrenched rights not always reflected in South African Society.
• Murder and high rates of inter-personal violence.
• What about victims entrenched rights?
• It is submitted that the time is ripe for the development of the limitation of

rights concerning crime and accused persons.

CO CONCL NCLUS USION ION

• We have come a long way.
• The challenges we face are hurdles which we shall overcome
• Prosecutorial institution/body.

THANK YOU THANK YOU