The use of an s 212(4) statement of the Criminal Procedure Act 51 of 1977 in courts is common, because the facts contained therein are prima facie proof of […]
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Xaba and Another v Minister of Police (NWM) (unreported case no 788/2021; 789/2021, 31-8-2023) (Morgan AJ) ‘Our strength will come not from the sharpness of our spears, but from our […]
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Section 50(1)(c) of the Criminal Procedure Act 51 of 1977 provides a safeguard provision, which obliges that a suspect must be brought before court within 48 hours after arrest for […]
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By Morganambal Padavattan Where an accused has allegedly committed an offence referred to in sch 5 of the Criminal Procedure Act 51 of 1977 (the CPA) while they were on […]
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‘Control over the sexual activity one engages in lies at the core of human dignity and autonomy’ (R v Hutchinson 2014 SCC 19). ‘Society’s commitment to protecting a person’s autonomy […]
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Subsequent to the decision in Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma […]
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By Marvin De Vos ‘The Child Justice Act 75 of 2008 [the Act] was introduced to give effect to the principles in the Constitution and to domesticate the international law […]
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The type of prosecution permissible when instituting and conducting prosecution for offences under the Legal Practice Act 28 of 2014 (LPA) or regulations made thereunder, is determined by the provisions […]
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The application for leave to appeal in S v Van der Walt 2020 (2) SACR 371 (CC) was served before the Constitutional Court (CC) against the judgment of the Mpumalanga […]
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I recently read an article by John Ndlovu titled ‘Compensation orders in criminal proceedings’ 2018 (Aug) DR 16. I share the views of the author insofar as compensation orders in […]
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