A review of five international forensic reports : fingerprint evidence lessons for South African lawyers
- Authors: Chiwara, Mercy
- Date: 2018
- Subjects: Fingerprints Fingerprints -- Identification Forensic sciences
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10927 , vital:35964
- Description: For more than a century fingerprint evidence has been used as a tool for the forensic identification of offenders, and has generally been accepted without being tested, challenged or scrutinized because the courts were convinced that no prints look alike or are the same. Fingerprint evidence has been used and accepted on the basis that each person’s friction ridges are unique, that the ridges are permanent and can be transferred to a surface. However, the transferability of the uniqueness raises issues that are very significant in relation to the reliability of fingerprint evidence because only a partial impression is typically transferred. Furthermore, the print can be distorted as a result of pressure and this inevitably affects the impression. Nevertheless, in recent and authoritative Reports from the United States and Scotland, criticisms are being raised against fingerprint evidence. These challenges include the fact that to date there has not been a study to validate the reliability of fingerprint individualisation, the fact that there is no specific requirement with regard as to how much constant or uniform detail between latent print and known print suffices to reach a decision of identification and the fact that there are no objective standards coupled with the problem that there is a lack of scientific validity of the method used for comparisons. This study reviews the law relating to fingerprint evidence in the light of the reports produced by the Office of the Inspector General, United States Department of Justice, Reviewing the Mayfield Case (US) in 2006, the National Academy of Sciences (US) Report in 2009, the Fingerprint Inquiry Report by Lord Campbell in Scotland in 2011, the National Institute of Standards and Technology and National Institute of Justice (US) Report in 2012, and the President’s Council of Advisors on Science and Technology Report (US) in 2016, so as to establish lessons for South African lawyers in as far as reliability, weight and admissibility of fingerprint evidence is concerned. Finally, this study concludes that South Africa’s norm of accepting fingerprint evidence as unquestionable is problematic in law and in science and that there is a need for reform regarding the manner in which fingerprint evidence is evaluated by the courts.
- Full Text:
- Date Issued: 2018
- Authors: Chiwara, Mercy
- Date: 2018
- Subjects: Fingerprints Fingerprints -- Identification Forensic sciences
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10927 , vital:35964
- Description: For more than a century fingerprint evidence has been used as a tool for the forensic identification of offenders, and has generally been accepted without being tested, challenged or scrutinized because the courts were convinced that no prints look alike or are the same. Fingerprint evidence has been used and accepted on the basis that each person’s friction ridges are unique, that the ridges are permanent and can be transferred to a surface. However, the transferability of the uniqueness raises issues that are very significant in relation to the reliability of fingerprint evidence because only a partial impression is typically transferred. Furthermore, the print can be distorted as a result of pressure and this inevitably affects the impression. Nevertheless, in recent and authoritative Reports from the United States and Scotland, criticisms are being raised against fingerprint evidence. These challenges include the fact that to date there has not been a study to validate the reliability of fingerprint individualisation, the fact that there is no specific requirement with regard as to how much constant or uniform detail between latent print and known print suffices to reach a decision of identification and the fact that there are no objective standards coupled with the problem that there is a lack of scientific validity of the method used for comparisons. This study reviews the law relating to fingerprint evidence in the light of the reports produced by the Office of the Inspector General, United States Department of Justice, Reviewing the Mayfield Case (US) in 2006, the National Academy of Sciences (US) Report in 2009, the Fingerprint Inquiry Report by Lord Campbell in Scotland in 2011, the National Institute of Standards and Technology and National Institute of Justice (US) Report in 2012, and the President’s Council of Advisors on Science and Technology Report (US) in 2016, so as to establish lessons for South African lawyers in as far as reliability, weight and admissibility of fingerprint evidence is concerned. Finally, this study concludes that South Africa’s norm of accepting fingerprint evidence as unquestionable is problematic in law and in science and that there is a need for reform regarding the manner in which fingerprint evidence is evaluated by the courts.
- Full Text:
- Date Issued: 2018
The regulation of anti-dumping : a critical assessment with a focus on South Africa
- Authors: Chikomo, Unico
- Date: 2018
- Subjects: Antidumping duties
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10896 , vital:35961
- Description: Economic globalisation entails the integration of national economies into one economy centred upon free International trade and the unrestricted flow of foreign direct investment.1 It has been argued by economists, politicians, business people, lawyers and many others that economic globalisation results in healthy competition amongst producers of goods and technologies around the world. This in turn results in market efficiency, cheaper, high quality goods and the increased spread of technology and wealth amongst countries. International trade aims to increase trade liberalisation, which has been seen to create higher standards of living for people as a result of greater competition amongst producers in different parts of the international globe. However whilst in support of trade liberalisation trade lawyers have warned that International trade must be fair. Unfair trade can take the form of dumping, price fixing, and certain methods of subsidisation. Unfair trade usually has disastrous effects on the domestic markets of importing countries which can result in injury to domestic industry and the national economy. Such injury can be in the form low sales, losses, company closures and retrenchments. As a result of such domestic injury, World Trade Organisation (WTO) law condemns dumping if it causes injury to the domestic industry of the importing country2 and allows importing countries to impose certain measures aimed at protecting themselves against such injury; these measures are called anti-dumping measures. However, WTO member states need to ensure that their anti-dumping frameworks are consistent with WTO norms. The principal objective of this study is to critically assess the existing regulatory framework of anti-dumping in South Africa with a view to identifying shortcomings that may result in the framework being inconsistent with WTO anti-dumping rules. In pursuing that objective, the study explores the norms and standards of the existing WTO regulatory framework on anti-dumping and ascertains the obligations of South Africa with regard to the imposition of anti-dumping measures.
- Full Text:
- Date Issued: 2018
- Authors: Chikomo, Unico
- Date: 2018
- Subjects: Antidumping duties
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10896 , vital:35961
- Description: Economic globalisation entails the integration of national economies into one economy centred upon free International trade and the unrestricted flow of foreign direct investment.1 It has been argued by economists, politicians, business people, lawyers and many others that economic globalisation results in healthy competition amongst producers of goods and technologies around the world. This in turn results in market efficiency, cheaper, high quality goods and the increased spread of technology and wealth amongst countries. International trade aims to increase trade liberalisation, which has been seen to create higher standards of living for people as a result of greater competition amongst producers in different parts of the international globe. However whilst in support of trade liberalisation trade lawyers have warned that International trade must be fair. Unfair trade can take the form of dumping, price fixing, and certain methods of subsidisation. Unfair trade usually has disastrous effects on the domestic markets of importing countries which can result in injury to domestic industry and the national economy. Such injury can be in the form low sales, losses, company closures and retrenchments. As a result of such domestic injury, World Trade Organisation (WTO) law condemns dumping if it causes injury to the domestic industry of the importing country2 and allows importing countries to impose certain measures aimed at protecting themselves against such injury; these measures are called anti-dumping measures. However, WTO member states need to ensure that their anti-dumping frameworks are consistent with WTO norms. The principal objective of this study is to critically assess the existing regulatory framework of anti-dumping in South Africa with a view to identifying shortcomings that may result in the framework being inconsistent with WTO anti-dumping rules. In pursuing that objective, the study explores the norms and standards of the existing WTO regulatory framework on anti-dumping and ascertains the obligations of South Africa with regard to the imposition of anti-dumping measures.
- Full Text:
- Date Issued: 2018
The reliability of firearm identification in South Africa : a comparative perspective
- Authors: Mutsavi, Tanyarara
- Date: 2018
- Subjects: Forensic sciences Firearms -- Identification
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10850 , vital:35860
- Description: Crime has become a well-known and worrying fact of life in South Africa. It constrains the ability of citizens to participate actively and meaningfully in all spheres of social and economic life. In many cases where a crime is committed, a firearm is involved. In order to fight gun crime there is a need for the perpetrators to be prosecuted. For prosecution to take place, there must be evidence to link the suspects to the committed crime. This is when firearm identification as a form of expert scientific evidence comes into play. This type of evidence links the bullets and cartridges recovered from the crime scene to the suspect.s firearms through the process of matching which is done by using a comparison microscope. Expert scientific evidence like firearm identification evidence, needs to be scientifically reliable because unreliable evidence may lead to the conviction of the innocent and exoneration of the guilty. Case law, authoritative reports and other literature have shown that firearm identification is not scientific and therefore it is not reliable. This is a disturbing position, considering the fact that this type of evidence is still being used in courts and no alternative has been found thus far to replace it. This study therefore proposes some reforms and recommendations which have been registered in authoritative reports which assist South Africa in dealing with firearm identification evidence. To achieve reliability, some writers have suggested that South Africa should adopt the US approach with regard to admissibility where judges play a .gate keeping. role by making sure that expert evidence is reliable before it enters the court. However, this study argues that scientific reliability, in South Africa, should not be a criterion for admissibility, but should rather be a central factor in deciding what weight should be attached to the expert evidence given in a particular case. The reason for this is that, in South Africa, the jury system is not used and therefore the judge does not have to exercise a .gate keeping. role, as he or she will be the final arbiter as to whether the evidence is reliable. In this context, reliability is considered during cross-examination. Cross-examination by the defence is crucial and this study proposes some possible cross-examination questions that can be helpful in testing the reliability of firearm identification evidence.
- Full Text:
- Date Issued: 2018
- Authors: Mutsavi, Tanyarara
- Date: 2018
- Subjects: Forensic sciences Firearms -- Identification
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10850 , vital:35860
- Description: Crime has become a well-known and worrying fact of life in South Africa. It constrains the ability of citizens to participate actively and meaningfully in all spheres of social and economic life. In many cases where a crime is committed, a firearm is involved. In order to fight gun crime there is a need for the perpetrators to be prosecuted. For prosecution to take place, there must be evidence to link the suspects to the committed crime. This is when firearm identification as a form of expert scientific evidence comes into play. This type of evidence links the bullets and cartridges recovered from the crime scene to the suspect.s firearms through the process of matching which is done by using a comparison microscope. Expert scientific evidence like firearm identification evidence, needs to be scientifically reliable because unreliable evidence may lead to the conviction of the innocent and exoneration of the guilty. Case law, authoritative reports and other literature have shown that firearm identification is not scientific and therefore it is not reliable. This is a disturbing position, considering the fact that this type of evidence is still being used in courts and no alternative has been found thus far to replace it. This study therefore proposes some reforms and recommendations which have been registered in authoritative reports which assist South Africa in dealing with firearm identification evidence. To achieve reliability, some writers have suggested that South Africa should adopt the US approach with regard to admissibility where judges play a .gate keeping. role by making sure that expert evidence is reliable before it enters the court. However, this study argues that scientific reliability, in South Africa, should not be a criterion for admissibility, but should rather be a central factor in deciding what weight should be attached to the expert evidence given in a particular case. The reason for this is that, in South Africa, the jury system is not used and therefore the judge does not have to exercise a .gate keeping. role, as he or she will be the final arbiter as to whether the evidence is reliable. In this context, reliability is considered during cross-examination. Cross-examination by the defence is crucial and this study proposes some possible cross-examination questions that can be helpful in testing the reliability of firearm identification evidence.
- Full Text:
- Date Issued: 2018
The use of alternative dispute resolution mechanisms in labour relations in the workplace in South Africa
- Authors: Rwodzi, Night Tafadzwa
- Date: 2018
- Subjects: Dispute resolution (Law) -- South Africa Mediation and conciliation, Industrial -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10907 , vital:35962
- Description: Disputes are part and parcel of human nature and always manifest everywhereincluding the employment arena. It is this inevitability of disputes that warrantsmeasures to be in place so as to effectively and without delay, resolve them in order to realise industrial peace. This study is prompted by the way industrial disputes have been handled in the past and the contemporary era. South African legal system provides Alternative Dispute Resolution (ADR) mechanisms to the use of adjudication by the ordinary courts in resolving workplace disputes. However, a set of methods made up of conciliation, mediation and arbitration have not been effective in resolving labour disputes owing to a variety of factors. Failure to provide a speedy resolution of disputes, large number of referrals to the Commissioner for Conciliation, Mediation and Arbitration (CCMA) and a large number of review applications lodged at the Labour Courts are some of the contributory factors that delay matters in bringing to finality. It is therefore the aim of this study, to proffer plausible recommendations that intends to cure and provide a silver bullet to the lacuna which exists in the current labour dispute system. To achieve the above stipulated aim, a general background of the study, accompanied by the chronicles of dispute resolution statutes and mechanisms is deliberated. Thereafter, South African compliance with International Labour Organisation (ILO) Conventions is discussed to assess the efficacy of labour dispute mechanisms. A critical analyses of the effectiveness of ADR within the scope of Labour Relations Act (LRA) 66 of 1995 will then follow. Although there are some limitations to this study, it should be noted that relevant legislation passed by parliament, cases, together with international and regional conventions ratified by the government, scholarly articles, journals and books are used to strengthen arguments and provide guidance in achieving the aims and objectives of the study.
- Full Text:
- Date Issued: 2018
- Authors: Rwodzi, Night Tafadzwa
- Date: 2018
- Subjects: Dispute resolution (Law) -- South Africa Mediation and conciliation, Industrial -- South Africa Industrial relations -- South Africa
- Language: English
- Type: Thesis , Masters , Law
- Identifier: http://hdl.handle.net/10353/10907 , vital:35962
- Description: Disputes are part and parcel of human nature and always manifest everywhereincluding the employment arena. It is this inevitability of disputes that warrantsmeasures to be in place so as to effectively and without delay, resolve them in order to realise industrial peace. This study is prompted by the way industrial disputes have been handled in the past and the contemporary era. South African legal system provides Alternative Dispute Resolution (ADR) mechanisms to the use of adjudication by the ordinary courts in resolving workplace disputes. However, a set of methods made up of conciliation, mediation and arbitration have not been effective in resolving labour disputes owing to a variety of factors. Failure to provide a speedy resolution of disputes, large number of referrals to the Commissioner for Conciliation, Mediation and Arbitration (CCMA) and a large number of review applications lodged at the Labour Courts are some of the contributory factors that delay matters in bringing to finality. It is therefore the aim of this study, to proffer plausible recommendations that intends to cure and provide a silver bullet to the lacuna which exists in the current labour dispute system. To achieve the above stipulated aim, a general background of the study, accompanied by the chronicles of dispute resolution statutes and mechanisms is deliberated. Thereafter, South African compliance with International Labour Organisation (ILO) Conventions is discussed to assess the efficacy of labour dispute mechanisms. A critical analyses of the effectiveness of ADR within the scope of Labour Relations Act (LRA) 66 of 1995 will then follow. Although there are some limitations to this study, it should be noted that relevant legislation passed by parliament, cases, together with international and regional conventions ratified by the government, scholarly articles, journals and books are used to strengthen arguments and provide guidance in achieving the aims and objectives of the study.
- Full Text:
- Date Issued: 2018
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