Jacques Matthee
Biographic Data
| ID | 7347549 |
|---|---|
| NAME | Jacques Matthee |
| GIVEN NAMES | Jacques |
| FAMILY NAME | Matthee |
| SIGNATURE | MATTHEE J |
| AFFILIATIONS | University of the Free State |
| ORCID | 0000-0002-3218-8357 |
| VERIFIED | Yes |
| TOTAL WORKS | 3 |
| TOTAL CITATIONS | 0 |
| WORKS AS AUTHOR | 3 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 0 |
Casting a Constitutional Light on the Cultural Defence in South African Criminal Law
South Africa’s criminal courts have often dealt with cases where accused who committed culturally motivated crimes tried to escape criminal liability through a so-called “cultural defence”, a defence that does not currently exist in South African criminal law. However, most of the case law dealing with this matter predates the Constitution of the Republic of South Africa, 1996. Consequently, the Constitution’s cultural and religious freedom right…
Indigenous beliefs and customs, the South African criminal law, and human rights
African Customary law and the South African common law enjoy equal recognition in the South African legal system. However, their equal status results in various conflict situations between them, especially in the South African criminal law. This paper shows that the indigenous belief in witchcraft (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the indigenous cus…
Common Law Crimes and Indigenous Customs
This contribution discusses South African case law examples where culture played a role in criminal cases. In doing so, we try to illustrate what the issues are and how South African law has been coping with the challenges of cultural diversity in the area of criminal law, especially before 1994 when racial discrimination was rife. In the second part of this contribution, we deal with the question whether the provisions of the Constitution can be…
No prominent works on this page.
Common Law Crimes and Indigenous Customs
This contribution discusses South African case law examples where culture played a role in criminal cases. In doing so, we try to illustrate what the issues are and how South African law has been coping with the challenges of cultural diversity in the area of criminal law, especially before 1994 when racial discrimination was rife. In the second part of this contribution, we deal with the question whether the provisions of the Constitution can be…
Indigenous beliefs and customs, the South African criminal law, and human rights
African Customary law and the South African common law enjoy equal recognition in the South African legal system. However, their equal status results in various conflict situations between them, especially in the South African criminal law. This paper shows that the indigenous belief in witchcraft (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the indigenous cus…
Casting a Constitutional Light on the Cultural Defence in South African Criminal Law
South Africa’s criminal courts have often dealt with cases where accused who committed culturally motivated crimes tried to escape criminal liability through a so-called “cultural defence”, a defence that does not currently exist in South African criminal law. However, most of the case law dealing with this matter predates the Constitution of the Republic of South Africa, 1996. Consequently, the Constitution’s cultural and religious freedom right…
Constitution (3 works) · Criminal law (3 works) · Indigenous (3 works) · Law (3 works) · Legal Issues in South Africa (3 works) · Political science (3 works) · Common law (2 works) · Comparative and International Law Studies (2 works) · Criminology (2 works) · Law (2 works)