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| Title: | Legal pluralism and using foreign previous convictions or criminal records for the purpose of sentencing: implementing Article 41 of the United Nations Convention against Corruption in South Africa |
| Author: | Mujuzi, Jamil Ddamulira |
| Year: | 2014 |
| Periodical: | Journal of Legal Pluralism and Unofficial Law (ISSN 2305-9931) |
| Volume: | 46 |
| Issue: | 3 |
| Pages: | 338-356 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | legal pluralism international agreements corruption judgments |
| External link: | https://doi.org/10.1080/07329113.2014.986948 |
| Abstract: | South Africa ratified the United Nations Convention against Corruption on 22 November 2004. Article 41 of the United Nations Convention against Corruption provides that: 'each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence established in accordance with this Convention.' The effect of that provision is that a sentence imposed on a person in a foreign country may be considered for, inter alia, the purpose of sentencing in South Africa. This means that South African courts have to consider the relationship between South African law and international law (United Nations Convention against Corruption) on the one hand and the relationship between South African law and foreign law (of the country in which the sentence was imposed) on the other hand, hence the issue of legal pluralism. The purpose of this article is to highlight how Article 41 could be implemented in South Africa. Bibliogr., notes, ref., sum. [Journal abstract] |
