General Law Amendment Act
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General Law Amendment Act
The General Law Amendment Act No. 76 of 1962, also known as the Sabotage Act, was an Act of the South African Parliament passed by the apartheid government. It widened the definition of sabotage to include strikes, trade union activity, and writing slogans on walls. The maximum penalty for sabotage was hanging and the minimum five years' imprisonment. It reversed the normal burden of proof so that the accused were assumed to be guilty and had to prove their innocence. Publications opposing the government were liable to a fine of R20,000. The Act extended the powers of the Minister of Justice, a post held in 1962 by B. J. Vorster, to ban people and organisations. Anyone who had been charged under the Suppression of Communism Act, 1950 could be banned from holding office in named institutions. Such people became known as "statutory Communists" - even if they had never actually been members of the South African Communist Party. They could be put under house arrest In justice ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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Minister Of Justice (South Africa)
The Minister of Justice and Correctional Services is the justice minister in the government of South Africa. He is the political head of the Department of Justice and Constitutional Development (DoJCD), the Department of Correctional Services (DCS), and the Office of the Chief Justice. DoJCD is responsible for administrative support to the courts, oversight of the National Prosecuting Authority, the provision of legal services to departments of state, and law reform; and DSC is responsible for prisons and community corrections programmes. , the incumbent is Ronald Lamola, who was appointed to the position by President Cyril Ramaphosa in June 2019. His deputies are John Jeffery, who is responsible for the Justice portfolio, and Inkosi Patekile Holomisa, who is responsible for Correctional Services. History of the portfolio Correctional services was a part of the Justice portfolio until 1990, when extensive prison reforms were announced and a separate department and ministe ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The first apartheid law was the Prohibition of Mixed Marriages ...
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Reverse Onus
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent. Canada Reverse onus clauses can be seen in the Criminal Code, where the accused must disprove an imposed presumption. These sorts of provisions are contentious as they almost always violate the presumption of innocence protected under section 11(d) of the Canadian Charter of Rights and Freedoms. The only way that such a provision can survive Charter scrutiny is if it can be justified under section 1. The Supreme Court of Canada has struck down a number of reverse onus provisions. The first and most famous of them was the striking down o ...
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Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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Suppression Of Communism Act, 1950
The Suppression of Communism Act, 1950 (Act No. 44 of 1950), renamed the Internal Security Act in 1976, was legislation of the national government in apartheid South Africa which formally banned the Communist Party of South Africa and proscribed any party or group subscribing to communism, according to a uniquely broad definition of the term. It was also used as the basis to place individuals under banning orders, and its practical effect was to isolate and silence voices of dissent. Description The Act, which came into effect on 17 July 1950, defined communism as any scheme aimed at achieving change—whether economic, social, political, or industrial—"by the promotion of disturbance or disorder" or any act encouraging "feelings of hostility between the European and the non-European races ..calculated to further isorder. The Minister of Justice could deem any person to be a communist if he found that person's aims to be aligned with these aims, and could issue an order se ...
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South African Communist Party
The South African Communist Party (SACP) is a communist party in South Africa. It was founded in 1921 as the Communist Party of South Africa (CPSA), tactically dissolved itself in 1950 in the face of being declared illegal by the governing National Party under the Suppression of Communism Act, 1950. The Communist Party was reconstituted underground and re-launched as the SACP in 1953, participating in the struggle to end the apartheid system. It is a member of the ruling Tripartite Alliance alongside the African National Congress and the Congress of South African Trade Unions (COSATU) and through this it influences the South African government. The party's Central Committee is the party's highest decision-making structure. History The Communist Party of South Africa was founded in 1921 by the joining together of the International Socialist League and others under the leadership of Willam H. Andrews. It first came to prominence during the Rand Revolt, a strike by white mine ...
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House Arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if allowed at all. House arrest is an alternative to being in a prison while awaiting trial or after sentencing. While house arrest can be applied to criminal cases when prison does not seem an appropriate measure, the term is often applied to the use of house confinement as a measure of repression by authoritarian governments against political dissidents. In these cases, the person under house arrest often does not have access to any means of communication with people outside of the home; if electronic communication is allowed, conversations may be monitored. History Judges have imposed sentences of home confinement, as an alternative to prison, as far back as the 17th century. Galileo was confined to his home following his infamous trial ...
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1962 In South African Law
Year 196 ( CXCVI) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Dexter and Messalla (or, less frequently, year 949 ''Ab urbe condita''). The denomination 196 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Septimius Severus attempts to assassinate Clodius Albinus but fails, causing Albinus to retaliate militarily. * Emperor Septimius Severus captures and sacks Byzantium; the city is rebuilt and regains its previous prosperity. * In order to assure the support of the Roman legion in Germany on his march to Rome, Clodius Albinus is declared Augustus by his army while crossing Gaul. * Hadrian's wall in Britain is partially destroyed. China * First year of the '' Jian'an era of the Chinese Han Dynasty. * Emperor Xian o ...
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Apartheid Laws In South Africa
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The first apartheid law was the Prohibition of Mixed Marriages A ...
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Law Enforcement In South Africa
Law enforcement in South Africa is primarily the responsibility of the South African Police Service (SAPS), South Africa's national police force. SAPS is responsible for investigating crime and security throughout the country. The "national police force is crucial for the safety of South Africa's citizens" and was established in accordance with the provisions of Section 205 of the Constitution of South Africa. History European Colonization (1652-1910) The mid-seventeenth century marked the beginning of European interest in the Western Cape, in what is currently South Africa. In its earliest stages, the colony was run by the Dutch East India Company. During their occupation, and well into British colonization of the area, there were a variety of policing units throughout the various areas of the vast colony. Cape of Good Hope From 1652 until 1840, the primary law enforcement agency in Cape Town was the Fiscal's law enforcement officers who maintained law and order in the ar ...
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