By Mzoxolo Terrance Magadla The essential premise of law enforcement is that police officers (peace officers) must carry out their duties in accordance with the law. This article attempts to […]
Read more
It is very important in criminal proceedings that a witness makes a positive identification of the person they claimed was the perpetrator. The court in Magadla v S (SCA) (unreported […]
Read more
In Mosotho and Another v S (GP) (unreported case no A373/16 GP, 18-9-2017) (Mokoena AJ, Mudau J) the court at para 31 referred to S v Parrow 1973 (1) SA […]
Read more
By Andrew Jeffrey Swarts The crime of common assault and assault with the intent to do grievous bodily harm is sometimes one of small margins. In simplifying the crime, the […]
Read more
It goes without saying that the South African criminal justice system has been saddled with delays for a long time. To curb these delays, the legislature, in 1997 enacted s […]
Read more
When a matter has been on a court roll for a considerable amount of time, the defence will usually bring an application for the matter to be struck off the […]
Read more
Gavrić v Refugee Status Determination Officer, Cape Town and Others (People against Suppression, Suffering, Oppression and Poverty as Amicus Curiae) 2019 (1) BCLR 1 (CC) In a landmark decision, the […]
Read more
The common purpose principle is used by our courts in order to establish whether the actions of one of the perpetrators can be imputed on the others in order to […]
Read more
This article will focus on the s 40(1)(b) of the Criminal Procedure Act 51 of 1977 and the requirements the peace officers must observe, follow, and adhere to for the […]
Read more
When a person has been arrested with or without a warrant in terms of s 50(1)(a) of the Criminal Procedure Act 51 of 1977, they shall be informed of their […]
Read more
