The nexus between legal records and human rights in the justice delivery system

Dewah, Peterson; Mutula, Stephen M.

doi:10.1177/0266666915608679

Cited by 3 publications

(9 citation statements)

References 7 publications

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“…This provides information that guarantees unbiased and transparent justice delivery free from corruption, protracted case hearings and convictions (South Africa Law Commission 2002). It also upholds the credibility of the judicial system as well as the rights of individuals and society at large (Dewah & Mutula 2016;Motsaathebe & Mnjama 2009;Ngoepe & Makhubela 2015).…”

Section: Introductionmentioning

confidence: 88%

“…More importantly, delivery of justice cannot be separated from records. Records are critical to justice delivery because they support judicial decision-making, documentation of legal rights, public access to court proceedings and decisions, enforcement of court orders and judgements, preservation of records for appellate review, and preservation of historical information (Abioye 2014;Dewah & Mutula 2016;Kilgour 2013;Lowry 2013). There is a strong relationship between records management and justice delivery.…”

Section: Statement Of the Problemmentioning

confidence: 99%

“…Justice delayed or denied results in subversion of the justice delivery system. This undermines the credibility of the justice delivery system as well as the rights of individuals and society (Dewah & Mutula 2016;Motsaathebe & Mnjama 2009;Ngoepe & Makhubela 2015;Ngoepe, Mokoena & Ngulube 2010). Mass media, empirical and content analysis studies, and reports have highlighted the effect of poor records management on justice delivery by courts in South Africa (IRMT 2002;Ngoepe & Makhubela 2015;Samodien 2013;South Africa Law Commission 2002).…”

Section: Statement Of the Problemmentioning

confidence: 99%

“…Records are important for the success of justice delivery by courts. Records support judicial decision-making, documentation of legal rights, public access to court proceedings and decisions, enforcement of court orders and judgements, preservation of records for appellate review, and preservation of historical information (Abioye 2014;Dewah & Mutula 2016;Raaen 2014). Records used as evidence must conform to applicable policies, legislation, regulations, standards, codes of practice, procedures and community expectations (ISO 15489-1 2016;Kilgour 2013;Lowry 2013).…”

Section: Introductionmentioning

confidence: 99%

“…This underscores the significance of court records in justice delivery. Lost, misplaced, or stolen files deny courts the necessary evidence to deliver justice in time or at all(Abioye 2014;Dewah & Mutula 2016;Huni & Dewah 2019;Mafu 2014;Maseh 2015;Namakula 2016;Ngoepe & Makhubela 2015). The mass media more often report of cases of justice delayed or denied due to a lack of evidence in the form of missing or lost dockets(Ngoepe & Makhubela 2015;Samodien 2013).…”

mentioning

confidence: 99%

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Harnessing a records management programme for justice delivery at the Alice magistrate court in the Eastern Cape Province, South Africa

Ntengenyane

Khayundi

2021

J. South Afr. Soc. Archiv.

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This article focuses on harnessing a records management programme for justice delivery at the Alice Magistrates’ court. The objectives of the study were to find the extent to which court records are managed for justice delivery, the influence of court records in court processes, and the challenges, if any, of managing court records for justice delivery. The population of the study comprised all those who created and used court records at the Alice Magistrates’ court. The study used both quantitative and qualitative methods for data collection. Quantitative data were coded and analysed using Microsoft Excel 2010 while qualitative data were analysed using emerging themes based on the objectives of the study. The findings revealed that although records were important for justice delivery by the court, there were challenges posed by inadequate infrastructure, the lack of necessary knowledge and skills, ineffective control of records for justice delivery, and inadequate facilities for preservation and security of records. The study recommended improvement of the existing records management programme as a strategy. This is necessary for effective and efficient records management programme for justice delivery by the Alice Magistrates’ court.

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Section: Introductionmentioning

confidence: 88%

Section: Statement Of the Problemmentioning

confidence: 99%

Section: Statement Of the Problemmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

mentioning

confidence: 99%

See 3 more Smart Citations

Harnessing a records management programme for justice delivery at the Alice magistrate court in the Eastern Cape Province, South Africa

Ntengenyane

Khayundi

2021

J. South Afr. Soc. Archiv.

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Criminal records and post-prison employment in Ghana: Formal and informal means of performing criminal background checks

Baffour

Francis

Chong

et al. 2023

Criminology & Criminal Justice

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This article contributes to the discussion on criminal record-keeping and post-prison employment from the perspective of a developing country. We present and discuss the results of a qualitative research based on interviews with 13 employers in Ghana about the use of criminal background checks in the hiring process. Data suggest a perceived lack of trust towards formerly incarcerated individuals primarily rooted in traditional cultural and moral values. Participants perceived that being associated with people with a criminal record is largely disapproved at the societal level. As a result, formerly incarcerated individuals are discriminated against in the employment setting. We also found that community dynamics and relations manage to overcome the lack of accuracy and reliability of state-provided criminal history information. Due to the absence of reliable access to criminal records through official channels, employers resort to informal means relying on community ties to get access to information about the past and character of job applicants. We conclude by discussing the implications of our findings for research, policy and practice.

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The Management of Digital Court Records for Justice Delivery in the South African High Courts

Masenya,

Khunjulwa

2023

Mousaion

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The purpose of the study was to review literature on the management of digital court records for justice delivery in South African High Courts. The study was guided by the following four research objectives: to establish the management of digital court records in High Courts; to determine the availability of infrastructure for the management of digital court records in High Courts; to determine human resources capacity in managing digital court records in High Courts; and to establish the barriers to effective management of digital court records in High Courts. This study employed the qualitative research approach grounded on content analysis of the literature review. The study established that although digital court records are vital to the administration of justice, these records are fragile in nature. This underscores the need for the effective management of court records in High Courts. The findings further revealed several challenges to the effective management of digital court records, and among others are: inadequate technological infrastructure, lack of technical support, and lack of information and communication technology (ICT) skills and knowledge. The study recommends the training of records managers and archivists in High Courts to equip them with skills and knowledge required to manage records in this technology-driven era, as well as an improvement of the existing digital records management programme.

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The nexus between legal records and human rights in the justice delivery system

Cited by 3 publications

References 7 publications

Harnessing a records management programme for justice delivery at the Alice magistrate court in the Eastern Cape Province, South Africa

Harnessing a records management programme for justice delivery at the Alice magistrate court in the Eastern Cape Province, South Africa

Criminal records and post-prison employment in Ghana: Formal and informal means of performing criminal background checks

The Management of Digital Court Records for Justice Delivery in the South African High Courts

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