|
Le Roux V Dey
''Le Roux and Others v Dey'' is a 2011 decision of the Constitutional Court of South Africa in the South African law of delict. It was the court's first decision on alleged defamation by a minor. A majority of the court upheld the award of monetary damages to a high school vice-principal who had been defamed by three of his pupils through the publication of a digitally manipulated photo. Background The case arose in 2006 from the conduct of three students at Hoërskool Waterkloof in Pretoria. The first student, fifteen-year-old Hendrick Pieter Le Roux, crudely digitally manipulated a photo of two naked bodybuilders so that it appeared to depict the school's principal and vice-principal engaged in sexual activity. Le Roux sent the photo to a friend, who sent it on to seventeen-year-old Burgert Christiaan Gildenhuys; Gildenhuys printed the photo out to show it around at the school, and a third student, seventeen-year-old Reinardt Janse van Rensburg, placed the picture on the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis Harms (judge)
Louis Theodor Christian Harms (born 11 October 1941) is a South African former deputy president of the Supreme Court of Appeal and Professor Extraordinary for Intellectual Property Law at the University of Pretoria. Education Harms graduated from the University of Pretoria with a BA LL.B. (cum laude) in 1965 and the Hugo Grotius medal for best final year student. He was awarded a LLD (hon causa) from the University of the Free State and the University of Pretoria in 2013. Biography An advocate at the Pretoria Bar from 1966 to 1986, Harms was awarded senior advocate status in 1981 and appointed as a judge in 1986. He served as a Judge of Appeal in the Supreme Court of Appeal from 1993 to his appointment as Deputy President of the Supreme Court of Appeal in 2008, a position he held until his retirement in 2011. He is infamous as the author of the Harms Report. Asked by President F.W.DeKlerk to investigate the State controlled death squads and political murders he set u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Costs
Court costs (also called law costs in English procedure) are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. In the United States, "court costs" (such as filing fees, copying and postage) are differentiated from attorney's fees, which are the hourly rates paid to attorneys for their work in a case. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case. Cases are known in which one party won the case, but lost more than the monetary worth in court costs. Court costs may be awarded to one or both parties in a lawsuit, or they may be waived. In the United Kingdom, Australia and Canada, the losing side is usually ordered to pay the winning side's costs. This acts as a significant disincentive to bringing forward court cases. Usually, the winning party is not able to recover from the losing party the full amount of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Rand
The South African rand, or simply the rand, ( sign: R; code: ZAR) is the official currency of the Southern African Common Monetary Area: South Africa, Namibia (alongside the Namibian dollar), Lesotho (alongside the Lesotho loti) and Eswatini (alongside the Swazi lilangeni). It is subdivided into 100 cents (sign: "c"). The South African rand is legal tender in the Common Monetary Area member states of Namibia, Lesotho and Eswatini, with these three countries also having their own national currency (the dollar, the loti and the lilangeni respectively) pegged with the rand at parity and still widely accepted as substitutes. The rand was also legal tender in Botswana until 1976, when the pula replaced the rand at par. Etymology The rand takes its name from the Witwatersrand ("white waters' ridge" in English, ''rand'' being the Dutch and Afrikaans word for 'ridge'), the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. In Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria High Court
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transvaa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actio Iniuriarum
The ''actio iniuriarum'' is an action for delict which "not only seeks to protect an individual's dignity and reputation but also his or her physical integrity." Harm or loss The harm or loss which gives rise to the ''actio iniuriarum'' is a violation of a personality interest, usually classified, as per the definition above, under the following three headings: * ''corpus'', or bodily integrity; * ''dignitas'', or dignity; and * ''fama'', or reputation. Conduct The delictual conduct required for a successful application of the action comes usually in the form of statements or positive conduct. Seldom is it an omission. Causation Causation is normally not an issue in respect of the ''actio iniuriarum'', but it may become one in some instances, as in deprivation-of-liberty cases. Wrongfulness Conduct will be wrongful in terms of this action if it is objectively unreasonable and without lawful justification: "Having a valid defence means that the conduct is justified and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria
Pretoria () is South Africa's administrative capital, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends eastward into the foothills of the Magaliesberg mountains. It has a reputation as an academic city and center of research, being home to the Tshwane University of Technology (TUT), the University of Pretoria (UP), the University of South Africa (UNISA), the Council for Scientific and Industrial Research (CSIR), and the Human Sciences Research Council. It also hosts the National Research Foundation (South Africa), National Research Foundation and the South African Bureau of Standards. Pretoria was one of the host cities of the 2010 FIFA World Cup. Pretoria is the central part of the City of Tshwane Metropolitan Municipality which was formed by the amalgamation of several former local authorities, including Bronkhorstspruit, Centurion, Gaute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoërskool Waterkloof
Hoërskool Waterkloof (colloquially known as Klofies) is a State school, public Afrikaans, Afrikaans medium co-educational high school situated in the eastern suburbs of Pretoria in the Gauteng province of South Africa. It is one of the most expensive Afrikaans medium schools, the fee per child amounting to R 32,400 per annum (as of 2019). It has received the award for academic school of the year from the '' Department of Basic Education, Gauteng Department of Education'' (GDE) in 2004, 2008, 2009, 2010, 2011 and 2012. In 2018, it received the award for best academic school in Gauteng province, the ninth time since 2009. It claims a 100% matric pass rate for 30 consecutive years. History The school formally opened on 9 January 1979 with 12 classrooms and 441 grade 8 and 9 pupils. The original school buildings were completed on 3 August 1979. By 6 August 1979, the school hall was complete and used for the first time. The first principal was H. Davin, hence the footpath to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digitally Manipulated Image
Image editing encompasses the processes of altering images, whether they are digital photographs, traditional photo-chemical photographs, or illustrations. Traditional analog image editing is known as photo retouching, using tools such as an airbrush to modify photographs or editing illustrations with any traditional art medium. Graphic software programs, which can be broadly grouped into vector graphics editors, raster graphics editors, and 3D modelers, are the primary tools with which a user may manipulate, enhance, and transform images. Many image editing programs are also used to render or create computer art from scratch. The term “image editing” usually refers only to the editing of 2D images, not 3D ones. Basics of image editing Raster images are stored in a computer in the form of a grid of picture elements, or pixels. These pixels contain the image's color and brightness information. Image editors can change the pixels to enhance the image in many ways. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Freedom Of Expression")
.jpg "Click for more on -> Cross-appeal")
