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Reconsidering a community-based judicial system for South African courts based on the common law jury system
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Format: | Thesis |
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University of Pretoria
2020
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| _version_ | 1867613629569826816 |
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| access_status_str | Open Access |
| author2 | Gravett, Willem |
| author_browse | Gravett, Willem |
| author_facet | Gravett, Willem |
| collection | Thesis |
| dc_rights_str_mv | © 2020 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/77440 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:39:11.459Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/77440 Reconsidering a community-based judicial system for South African courts based on the common law jury system Gravett, Willem Werner, Anandi UCTD Mini Dissertation (LLM)--University of Pretoria, 2019. The Oscar Pistorius Trial awakened everyday citizens to the reality of what transpires in South African courtrooms on a daily basis; thereby stirring them from their slumber created by the absence of engagement and involvement in South Africa’s judicial system and the administration of justice as a whole; and propelling them into an environment which invites and facilitates engagement and debate on the functioning and judgments of South African courts. Since the abolition of the jury system in South Africa in 1969, lay participation in South Africa’s formal judicial system and more broadly in the administration of justice, has been practically non-existent save for instances where a lay person is called as a witness, expert witness or as an assessor in a trial. This lack of public participation in the administration of justice results in multiple concerns relating to legitimacy and the public’s disconnect from judicial processes and procedures. In order to address the growing need for public participation in the administration of justice, options of a judicial system providing for such involvement must be considered. This study contemplates whether a community-based judicial system is a viable consideration for South African courts, and explores options whereby South Africa’s judiciary can make a shift to a system which encourages and facilitates lay participation by drawing from the common law jury system and its functions; which are underpinned by the direct involvement of the community. Furthermore, the study assesses whether links can be drawn between the common law jury system (Western approach) and traditional (indigenous) justice and conflict resolution processes (African approach) in respect of community participation in the administration of justice. Procedural Law LLM Unrestricted 2020-12-21T09:53:46Z 2020-12-21T09:53:46Z 2020/04/09 2019 Mini Dissertation Werner, A 2019, Reconsidering a community-based judicial system for South African courts based on the common law jury system, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77440> A2020 http://hdl.handle.net/2263/77440 © 2020 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title | Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title_full | Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title_fullStr | Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title_full_unstemmed | Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title_short | Reconsidering a community-based judicial system for South African courts based on the common law jury system |
| title_sort | reconsidering a community based judicial system for south african courts based on the common law jury system |
| topic | UCTD |
| url | http://hdl.handle.net/2263/77440 |