| Summary: | Crime is a reality within the South African community which threatens
the democratic society of South Africa. For this reason, crime can no
longer be considered just a social problem, but now also a human rights
issue. The principles of the provisions as laid down in the Bill of Rights
are aimed at serving the protection of the residents of South Africa, but
have itself become one of the countless victims in the struggle against
crime.
Within common law, both the criminal law and the law of delict have
remedied the questions presented by crime and the questions of
damage that flow there from. This structural protection has been
extended and confirmed with the acceptance of the Bill of Rights in
relation to the constitutional provisions set forth therein. The Constitution
determines very clearly that the rights are not simply enforceable on a
horizontal level, but that all legal subjects within the South African law
must adhere to those rights.
The purpose of this study is to investigate the Constitutional provisions
of the question of crime. At the same time the effectiveness of the
protection against crime that is received and the practical application of
these provisions of protection are examined. A number of
recommendations will be made to attribute to the practicality of the
implementation and the prevention of the violation against these rights. === Thesis (LL.M. (Public Law))--North-West University, Potchefstroom Campus, 2007
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