BAIL IN SOUTH AFRICA
In any court case when a person is arrested, the accused person remains to be presumed not guilty until the court finds such person guilty. In our law no one may be detained without trial. If an accused is arrested, he or she is normally kept in prison or the police cells till the trial […]
VIGILANTLY OR CRIMINAL? TAKING THE LAW INTO MY OWN HANDS
If someone gets something of theirs stolen, they might be tempted to go take it back, by force if necessary. However, that would be considered illegal and would put your belongings back into the hands of the thief. Mandament van Spolie The Mandament van Spolie is an extraordinary, quick and robust remedy for the restoration […]
WHAT IF YOU’VE BEEN A VICTIM OF CYBERCRIME?
In the modern age, more and more criminals are exploiting the speed, convenience and anonymity of the internet to commit a diverse range of criminal activities that know no borders, either physical or virtual, and cause serious harm to victims worldwide. In December 2016, cabinet gave the green light for a Cybercrimes and Cybersecurity Bill […]
CAN I BE PROSECUTED FOR BREAKING THE SPEED LIMIT?
Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the cars on the road. She thinks she is simply going with the flow of the traffic when suddenly she sees flashing lights in her rear-view mirror. Mandie does not take traffic laws seriously […]
WHEN CAN SOMEONE BE RELEASED ON BAIL?
People are often outraged when they hear of accused persons who have been released on bail. There are several factors to be considered when deciding whether someone should be let out on bail or not. Who is allowed bail? According to section 35(1)(f) of the Constitution[1] everyone who is arrested for allegedly committing an offence […]
THE CONSEQUENCES OF DRINKING AND DRIVING
With the festive holidays fast approaching, it’s necessary to address the consequences of drinking and driving. Unfortunately, the holidays bring devastating road accidents, with families being injured and losing members due to drunk-driving related incidents. What does the law say? According to the Road Traffic Act 93/96, which has been in effect since March 1998, […]
BALANCING FREEDOM OF EXPRESSION AND DEFAMATION
Defamation law in South Africa is one of the most debated topics in our legal system. The reason being that South Africa is a democratic country founded on human dignity, equality and freedom of expression, to name just a few. These founding provisions in our constitution, together with the relevant Human Rights provisions, make it […]
DIE VERWEER VAN PROVOKASIE IN DIE STRAFREG
Kan ‘n beskuldigde in ‘n strafverhoor die verweer gebruik dat hy so kwaad geraak het dat hy nie geweet het wat hy doen nie? In S v Eadie 2002(1) SACR 663 (HHA), het die Hoogste Hof van Appèl uitspraak gelewer wat twyfel bewerkstellig of daar nog ‘n verweer soos nie-patologiese kriminele ontoerekeningsvatbaarheid bestaan. Die feite […]