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An examination of the limits of national amnesty legislation under international criminal law
Social Welfare Departments, particularly in the Eastern Cape, are in disarray. Welfare grant applications are taking many months to be processed and paid. Consequently, those most in need of support are bringing actions against the Department requesting that their applications be considered and wher...
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| Format: | Thesis |
| Language: | English English |
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Institute of Criminology
2026
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| _version_ | 1867613211434418176 |
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| access_status_str | Open Access |
| author | Stoltz, Anne Christine |
| author2 | Smit, Dirk Van Zyl |
| author_browse | Smit, Dirk Van Zyl Stoltz, Anne Christine |
| author_facet | Smit, Dirk Van Zyl Stoltz, Anne Christine |
| author_sort | Stoltz, Anne Christine |
| collection | Thesis |
| description | Social Welfare Departments, particularly in the Eastern Cape, are in disarray. Welfare grant applications are taking many months to be processed and paid. Consequently, those most in need of support are bringing actions against the Department requesting that their applications be considered and where necessary paid out. Applicants have also asked for damages for the losses that they have suffered as a result of tardy administrative payments. Such actions can be brought in the law of delict. However, this paper suggests that actions for damages in the social welfare context may be better suited to administrative law because it is more far reaching than delictual damages. It is suggested, however, that the manner in which delictual damages are quantified forms the basis for administrative law damages. Constitutional and administrative law principles will expand upon these delictual foundations to fashion damages that are better suited to the public law context. An analysis of the relevant case law has crystallized certain principles that the courts have adopted. These principles can be used to formulate appropriate compensation in each contextual scenario that presents itself before the courts. It must be recognized, however, that damages or compensation is only an element of remedial actions that can be adopted by the court. Any award of damages must complement these other approaches with the ultimate goal of administrative efficiency, provision of servicesand fairness in the Social Welfare Department. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42858 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:31.718Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Institute of Criminology |
| publisherStr | Institute of Criminology |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42858 An examination of the limits of national amnesty legislation under international criminal law Stoltz, Anne Christine Smit, Dirk Van Zyl international criminal law Social Welfare Departments, particularly in the Eastern Cape, are in disarray. Welfare grant applications are taking many months to be processed and paid. Consequently, those most in need of support are bringing actions against the Department requesting that their applications be considered and where necessary paid out. Applicants have also asked for damages for the losses that they have suffered as a result of tardy administrative payments. Such actions can be brought in the law of delict. However, this paper suggests that actions for damages in the social welfare context may be better suited to administrative law because it is more far reaching than delictual damages. It is suggested, however, that the manner in which delictual damages are quantified forms the basis for administrative law damages. Constitutional and administrative law principles will expand upon these delictual foundations to fashion damages that are better suited to the public law context. An analysis of the relevant case law has crystallized certain principles that the courts have adopted. These principles can be used to formulate appropriate compensation in each contextual scenario that presents itself before the courts. It must be recognized, however, that damages or compensation is only an element of remedial actions that can be adopted by the court. Any award of damages must complement these other approaches with the ultimate goal of administrative efficiency, provision of servicesand fairness in the Social Welfare Department. 2026-02-18T13:44:56Z 2026-02-18T13:44:56Z 2000 2026-02-18T13:43:19Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42858 en eng application/pdf Institute of Criminology Faculty of Law University of Cape Town |
| spellingShingle | international criminal law Stoltz, Anne Christine An examination of the limits of national amnesty legislation under international criminal law |
| thesis_degree_str | Master's |
| title | An examination of the limits of national amnesty legislation under international criminal law |
| title_full | An examination of the limits of national amnesty legislation under international criminal law |
| title_fullStr | An examination of the limits of national amnesty legislation under international criminal law |
| title_full_unstemmed | An examination of the limits of national amnesty legislation under international criminal law |
| title_short | An examination of the limits of national amnesty legislation under international criminal law |
| title_sort | examination of the limits of national amnesty legislation under international criminal law |
| topic | international criminal law |
| url | http://hdl.handle.net/11427/42858 |
| work_keys_str_mv | AT stoltzannechristine anexaminationofthelimitsofnationalamnestylegislationunderinternationalcriminallaw AT stoltzannechristine examinationofthelimitsofnationalamnestylegislationunderinternationalcriminallaw |