MUSINGS OF CHIEF JUSTICE CHIVENGE
"All Rise!!! The Court is now in session. The Honourable Chief Justice Chivenge is presiding"
Man’s best friends, the canine kind, offer unparalleled companionship and have been known to improve the overall health and wellbeing of their owners. South Africa is ill-ridden with violence and high crime rates therefore, there is a large subset group of dog owners who want aggressive dogs and encourage vicious behaviors in their dogs. Evidently... Continue Reading →
“Now, one of the most essential branches of liberty is the freedom of one's house. A man's house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.” - James Ortis South Africa experienced widespread riots and protests between the 9th and the 17th of July... Continue Reading →
The seat of the International Criminal Court (ICC) is in the Hague, Netherlands and is independent of the United Nations. It was created by the Rome Statute of 1998 which came into effect in 2002, thus it only has jurisdiction over crimes committed after July 20002. Unlike the International Court of Justice (ICJ) which resolves... Continue Reading →
Article 5 of the Rome Statute grants the International Criminal Court (ICC) jurisdiction over the most serious crimes of concern to the international community. These are genocide, crimes against humanity, war crimes and the aggression. The Rome statute defines each of these crimes except for aggression. Genocide Genocide is the deliberate intentional and systematic destruction... Continue Reading →
‘International law condemns genocide, torture, hostage taking and crimes against humanity. These are not functions of a head of state’- Justice Lord Nicholls in the General Augusto Pinochet case Mengistu Haile Mariam was the chairman of the Derg which deposed Emperor Haile Selasie 1 in the 1974 coup d’etat. He ascended to power through the... Continue Reading →
After the accused pleads guilty or is found guilty by the court (judge or magistrate), sentencing proceedings commence. The court assumes an inquisitorial approach where the presiding officer acts as the main investigating body to ascertain all the facts, aggravating and mitigating circumstances before handing down an acceptable and appropriate sentence. There are many purposes... Continue Reading →
MUSINGS OF CHIEF JUSTICE CHIVENGE 