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