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Khala V Minister Of Safety And Security
''Khala v Minister of Safety and Security'' is an important case in South African law. Facts The plaintiff had instituted action against the defendant for damages arising from an alleged unlawful arrest and detention. The defendant considered that the police docket relating to such arrest was privileged, and listed it accordingly in his discovery affidavit. The plaintiff then launched the application ''in casu'' for an order directing the defendant to make the police docket available for inspection and copying. Judgment ''Amicus curiae'' After the postponement of the matter, from May 19, 1994, to June 13, 1994, the court (with the consent of the parties, and having obtained the approval of the Judge President) appointed Prof E. Mureinik of the Law Faculty of the University of the Witwatersrand to act as ''amicus curiae''. Prof Mureinik filed heads of argument, provided copies of authorities, and made oral submissions after those of the plaintiff and defendant had been conclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Steyn
''R v Steyn'' (1954), an important case in South African criminal procedure, dealt with an application for leave to appeal against a judgment of the High Court of Southern Rhodesia, dismissing an appeal from a decision by a magistrate, in which he convicted the applicant of the crime of theft as defined by the Stock and Produce Theft Repression Act. The court held that the basic rule was that the police docket and contents thereof were privileged and the defense is not entitled to access to it. Therefore, when statements were procured from witnesses for the purpose that what they said would be given in evidence in a lawsuit that was contemplated, these statements were protected against disclosure until at least the conclusion of the proceedings, which would include any appeal or similar step after the decision in the court of first instance. This protection against disclosure applied in both civil and criminal trials. There was, however, an ethical rule which obliged the pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Constitutional Law
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect. Constitutions South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: * South Africa Act 1909 * Constitution of South Africa, 1961 (also known as the "Republican Constitution") * Constitution of South Africa, 1983 (also known as the "Tricameral Constitution") * Constitution of South Africa, 1993 (also known as the "Interim Constitution") * Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of parliamentary sovereignty and replaced it with a dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Procedure
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law. History When the British occupied the Cape permanently in 1806, they retained the Roman-Dutch legal system. They concluded, however, that the criminal justice system was archaic, and so introduced one based on their own in 1828. It has been developed over the years to suit local conditions. The South African system today is basically accusatorial: that is, the state accuses and the accused defends. The accusation and its proof are state-driven, with a state-appointed prosecuting authority. Sources The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1994 In South African Law
File:1994 Events Collage.png, From left, clockwise: The 1994 Winter Olympics are held in Lillehammer, Norway; The Kaiser Permanente building after the 1994 Northridge earthquake; A model of the MS Estonia, which sank in the Baltic Sea; Nelson Mandela casts his vote in the 1994 South African general election, in which he was elected South Africa's first president, and which effectively brought Apartheid to an end; NAFTA, which was signed in 1992, comes into effect in Canada, the United States, and Mexico; The first passenger rail service to utilize the newly-opened Channel tunnel; The 1994 FIFA World Cup is held in the United States; Skulls from the Rwandan genocide, in which over half a million Tutsi people were massacred by Hutus., 300x300px, thumb rect 0 0 200 200 1994 Winter Olympics rect 200 0 400 200 Northridge earthquake rect 400 0 600 200 Sinking of the MS Estonia rect 0 200 300 400 Rwandan genocide rect 300 200 600 400 Nelson Mandela rect 0 400 200 600 199 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
