Minister Of Police V Rabie
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Minister Of Police V Rabie
''Minister of Police v Rabie'' is an important case in the South African law of delict. It was heard in the Appellate Division on September 3, 1984, with judgment handed down on September 27, 1985. The presiding officers were Jansen JA, Joubert JA, Cillié JA, Van Heerden JA and Vivier AJA. The appellant was represented by the State Attorney, Johannesburg. The respondent's attorneys were Mather & Sim, Johannesburg, and McIntyre & Van der Post, Bloemfontein. The central issue was the extent of the liability of the Minister of Police for wrongful acts committed by a policeman. In an appeal by the Minister of Police against an award of damages by the court ''a quo'', it was contended that the sergeant's conduct had been unrelated to his police work. The Appellate Division dismissed the appeal, referring to the proposition that a master (in this instance, the State) who does his work by the hand of a servant (in this instance, the sergeant) creates a risk of harm to other ...
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South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), t ...
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K V Minister Of Safety And Security (SCA)
''K v Minister of Safety and Security'' is an important case in the South African law of delict and South African constitutional law. It was heard by the Constitutional Court on May 10, 2005, with judgment handed down on June 13. Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J and Yacoob J presided. W. Trengove SC (with him K. Pillay) appeared for the applicant; PF Louw SC (with him JA Babamia) appeared for the respondent. The applicant's counsel was instructed by the Women's Legal Centre, Cape Town. The respondent's attorney was the State Attorney, Johannesburg. The first question addressed in this case was ambit of the courts' duty to develop the common law in accordance with the spirit, purport and objects of the Bill of Rights as intended in section 39(2) of Constitution. The purpose of that section, it was determined, is to ensure that the normative value system created by the Constitution permeates the common law. The courts ...
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New Year's Eve
In the Gregorian calendar, New Year's Eve, also known as Old Year's Day or Saint Sylvester's Day in many countries, is the evening or the entire day of the last day of the year, on 31 December. The last day of the year is commonly referred to as “New Year’s Eve”. In many countries, New Year's Eve is celebrated with dancing, eating, drinking, and watching or lighting fireworks. Some Christians attend a watchnight service. The celebrations generally go on past midnight into New Year's Day, 1 January. The Line Islands (part of Kiribati) and Tonga, in the Pacific Ocean, are the first places to welcome the New Year, while American Samoa, Baker Island and Howland Island (part of the United States Minor Outlying Islands) are among the last. By region Africa Algeria In Algeria, New Year's Eve (french: Réveillon; '' ar, Ra’s al-‘Ām'') is usually celebrated with family and friends. In the largest cities, such as Algiers, Constantine, Annaba, Oran, Sétif, and Béjaïa ...
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Richard Goldstone
Richard Joseph Goldstone (born 26 October 1938) is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and the Appellate Division of the Supreme Court of South Africa from 1990 to 1994. He is considered to be one of several liberal judges who issued key rulings that undermined apartheid from within the system by tempering the worst effects of the country's racial laws. Among other important rulings, Goldstone made the Group Areas Act – under which non-whites were banned from living in "whites only" areas – virtually unworkable by restricting evictions. As a result, prosecutions under the act virtually ceased. During the transition from apartheid to multiracial democracy in the early 1990s, he headed the influential Goldstone Commission investigations into political violence in South Africa between 1991 and 1994. Goldstone's work enabled mul ...
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Witwatersrand Local Division
The Gauteng Division of the High Court of South Africa is a superior court, superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West (South African province), 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 Uni ...
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State Liability Act
State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organiz ...
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Prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which inmates (or prisoners) are confined against their will and usually denied a variety of freedoms under the authority of the state as punishment for various crimes. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed. Prisons can also be used as a tool of political repression by authoritarian regimes. Their perceived opponents may be ...
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Detain
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batte ...
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Edcon
Edcon Limited was a retail company based in Johannesburg, South Africa. Its subsidiaries included Edgars, a department store with 203 branches. In 2020, the Competition Tribunal approved the sale of the Edgars division to Retailability (pty) Ltd, and Jet to The Foschini Group. History Edcon Ltd was the leading clothing, footwear and textiles (CFT) retailing group in South Africa trading through a range of retail formats. The first Edgars store was opened on 6 September 1929 in Joubert Street, Johannesburg by Eli Ross. It was listed on the Johannesburg Stock Exchange in 1949 and opened its first stores outside of South Africa in Botswana, Lesotho and Swaziland (now Eswatini) in 1966-69. Since then, the Company had grown to ten retail brands trading in (as of 2014) over 1400 stores in South Africa, Botswana, Namibia, Eswatini, Lesotho, Ghana, Zimbabwe and Zambia. In 1982 the company, still known as Edgars, was acquired by South African Breweries. It launched its Red Square re ...
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Police Vehicle
Transportation for police forces is provided by a number of ground vehicles, aircraft and watercraft. Ground Motorized Four-wheels A police car is the description for a vehicle used by police, to assist with their duties in patrolling and responding to incidents. Typical uses of a police car include transportation for officers to reach the scene of an incident quickly, to transport criminal suspects, or to patrol an area, while providing a high visibility deterrent to crime. Some police cars are specially adapted for work on busy roads. The first police car was a wagon run by electricity fielded on the streets of Akron, Ohio in 1899. The first operator of the police patrol wagon was Akron Police officer Louis Mueller, Sr. It could reach and travel before its battery needed to be recharged. The car was built by city mechanical engineer Frank Loomis. The $2,400 vehicle was equipped with electric lights, gongs and a stretcher. The car's first assignment was to pick up an in ...
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