David Unterhalter
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David Unterhalter
David Unterhalter (born 18 November 1958) is a South African jurist and judge of the Gauteng Division of the High Court of South Africa. He is also professor of law at the University of Cape Town. Before he was appointed to the bench in January 2018, Unterhalter was a prominent advocate, specialising in public law, competition law, and trade law. He was called to the Johannesburg Bar in 1990 and took silk in 2002. Early life and education Unterhalter was born on 18 November 1958 in Johannesburg. His father was Jack Unterhalter, a lawyer who attained public prominence representing political prisoners during apartheid. Unterhalter attended Trinity College, Cambridge, where he completed a BA in 1980, converted to an MA in 1987. He went on to an LLB at the University of the Witwatersrand in 1984 and a BCL at University College, Oxford in 1985. Legal practice Unterhalter was admitted as an advocate of the Supreme Court of South Africa in 1990. He practised as an advocate at the ...
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High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ...
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Political Party Funding
Political Party Funding (PPF) is a method used by a political party to raise money for campaigns and routine activities. The funding of political parties is an aspect of campaign finance. Political parties are funded by contributions from multiple sources. One of the largest sources of funding comes from party members and individual supporters through membership fees, subscriptions and small donations. This type of funding is often referred to as grassroots funding or support. Solicitation of larger donations from wealthy individuals, often referred to as plutocratic funding, is also a common method of securing funds. Parties can also be funded by organizations that share their political views, such as unions, political action committees, or organizations that seek to benefit from the party's policies. In certain locales, taxpayer money may be given to a party by the federal government. This is accomplished through state aid grants, government, or public funding. Additionally, p ...
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My Vote Counts V Speaker Of The National Assembly
In ''My Vote Counts NPC v Speaker of the National Assembly and Others'', the Constitutional Court of South Africa dismissed an application which sought to compel Parliament to pass legislation mandating the disclosure of political party funding information. Split seven to four, the court held that the application transgressed the principle of subsidiarity and separation of powers. The matter was heard on 10 February 2015 and decided on 30 September 2015. The application by My Vote Counts, a non-profit organisation, posited an interaction between two constitutional rights – the section 32 right to access to information and the section 19 right to vote – which it argued imposed a constitutional obligation on Parliament to make legislation promoting systematic transparency in party funding. While the minority endorsed this argument, the majority declined to evaluate its merit. According to the majority, the applicant's complaint was justiciable only as a challenge to the c ...
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Hate Speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation". Legal definitions of hate speech vary from country to country. There has been much debate over freedom of speech, hate speech, and hate speech legislation. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or that disparage or intimidate a group or individuals on the basis of their membership in the group. The law may identify a group based on certain character ...
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