Understanding bail in South Africa: A guide to the Criminal Procedure Act
Bail is an integral part of the South African justice system, allowing individuals accused of crimes to remain free while awaiting trial, provided they do not pose a risk to society or the judicial process. Governed by the Criminal Procedure Act, 51 of 1977, the bail process is complex, with various factors influencing the decision […]
Who is held responsible for payments lost due to cybercrime?
This is exactly what happened in Fourie v Van der Spuy and De Jongh Inc. and others. The First Respondent was a law firm and the Second and Third Respondents were practising Attorneys. The Applicant claimed payment of R1 744 599.45 from the Respondents. The First Respondent had a mandate to deal with money paid […]
NO MORE DRINKS AFTER WORK
During March 2020, the South African Cabinet approved the National Road Traffic Amendment Bill (“the Bill”) for submission to Parliament. The Bill proposes amendments to the National Road Traffic Act 93 of 1996 (“the Act”). The most prominent amendment to the Act is the change of the alcohol level limit of drivers in South Africa […]
ASSISTANCE FOR VICTIMS OF DOMESTIC ABUSE
Domestic violence in its various forms has always been a problem of epic proportions and even more so in a time where the COVID-19 Coronavirus has forced people worldwide to stay at home. In South Africa, when the president declared a National State of Disaster and ordered the country to lockdown, there was a predicted […]
A SHORT TEMPER WILL NOT GO A LONG WAY
A client poses a question to their attorney: My ex-boyfriend (Y) saw me and my new love interest (X) at a restaurant. Y aggressively confronted me and wanted to know why I have moved on so quickly. X then nicely asked him to leave me alone, whereafter X started to swear at Y. X then […]
LIGHTS, CAMERA, LINE UP
The cautionary approach is effectively summed up in the case of S v Mthetwa where the presiding officer noted that the honesty of the identifying witness should be considered in isolation. The identification of a witness depends on the lighting, visibility, eyesight, proximity of the witness, the extent of his prior knowledge of the accused etc. The […]
THE PROSECUTION OF CYBERCRIME IN SOUTH AFRICA
The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the Constitution of the Republic of South Africa, 1996 (“the Constitution”). […]
THE CANNABIS JUDGMENT: IS IT LEGAL NOW?
Cannabis has historically been criminalised in South Africa. It has, until recently, been a criminal offence to possess, cultivate or use cannabis. However, this position has been drastically altered by a ground-breaking unanimous judgment by the Constitutional Court in the case of Minister of Justice and Constitutional Development and Others v Prince. This case came […]
THE CYBERCRIMES BILL: MALICIOUS MESSAGING OVER SOCIAL MEDIA COULD SEND YOU TO JAIL
South Africans will soon have to be much more careful and think twice about the messages they send over WhatsApp and other social media platforms, as the Cybercrimes Bill (“the Bill”), which was recently adopted into law and is in the process of being enacted, attempts to police malicious messaging. Cybercrime is on the rise […]
CAN THE POLICE SEARCH A PERSON WITHOUT A WARRANT OF ARREST?
This article focuses on primarily whether the police may search a person without a warrant of arrest. On the face of it, it would appear that the search and seizure of a person and premises are in contravention with the Bill of Rights, more specifically section 14 of the Constitution of the Republic of South […]