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      Compensation for wrongful conviction in South Africa

      research-article
      Obiter
      Faculty of Law, Nelson Mandela University

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          Abstract

          South Africa acceded to the International Covenant on Civil and Political Rights (ICCPR) without reservations. Article 14(6) of this treaty requires South Africa to put measures in place to compensate people who have suffered miscarriages of justice (wrongful convictions). However, the right to be compensated for wrongful conviction is not provided for in South African law. This is so although case law shows that many people have been wrongfully convicted. A person who has been wrongfully convicted has to institute a civil case (delictual claim) or to apply for a free pardon. In this article, the author argues that these two options do not comply with what is required of South Africa under article 14(6) of the ICCPR. The author suggests ways in which South Africa could comply with its obligation under article 14(6) of the ICCPR. The author also suggests ways in which the common law (actio iniuriarum)could be developed to compensate people who have been wrongfully convicted.

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          Most cited references3

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          Guide to the ‘Travaux Préparatoires’ of the International Covenant on Civil and Political Rights

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            Dugard's International Law: A South African Perspective

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              The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law" 2019 8

              Mujuzi (2024)
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                Author and article information

                Journal
                obiter
                Obiter
                Obiter
                Faculty of Law, Nelson Mandela University (Port Elizabeth, Eastern Cape, South Africa )
                1682-5853
                2709-555X
                2023
                : 44
                : 1
                : 50-72
                Affiliations
                [01] orgnameUniversity of the Western Cape orgdiv1Faculty of Law
                Article
                S1682-58532023000100004 S1682-5853(23)04400100004
                51100952-f9e8-4985-b5dd-2bd7cb5d33f5

                This work is licensed under a Creative Commons Attribution 4.0 International License.

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                SciELO South Africa

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