R V Carto
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R V Carto
''R v Carto'' is an important case in South African law, heard in the Eastern Districts Local Division on March 12, 1917, with judgment handed down on March 17. Graham JP (who wrote the judgment) and Sampson J were the presiding officers. It is significant for its contribution to the principle of legality, with its stipulation that "to render any act criminal in our law, there must be some punishment affixed to the commission of the act," and that "where no law exists affixing such punishment there is no crime in law." Facts By Regulation 30, the Town Council of Grahamstown was empowered, ''inter alia'', to prohibit the watering or irrigation of gardens; by Regulation 45, penalties were provided for behaviour contrary to the regulations, although no special penalty was provided. The Council authorised the board of works, a committee appointed under Grahamstown Municipal Act 18 of 1902,s 71 to adopt measures to minimise the daily consumption of water. The board of works passed a res ...
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Eastern Districts Local Division
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha. the Judge President of the division is Selby Mbenenge. History A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the Supreme Court of South Africa. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape Town and renamed as t ...
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Grahamstown
Makhanda, also known as Grahamstown, is a town of about 140,000 people in the Eastern Cape province of South Africa. It is situated about northeast of Port Elizabeth and southwest of East London, Eastern Cape, East London. Makhanda is the largest town in the Makana Local Municipality, and the seat of the municipal council. It also hosts Rhodes University, the Eastern Cape Division of the High Court of South Africa, High Court, the South African Library for the Blind (SALB), Diocese of Grahamstown, a diocese of the Anglican Church of Southern Africa, and 6 South African Infantry Battalion. Furthermore, located approximately 3 km south-east of the town lies the world renowned Waterloo Farm lagerstätte, Waterloo Farm, the only estuarine fossil site in the world from 360 million years ago with exceptional soft-tissue preservation. The town's name-change from Grahamstown to Makhanda was officially gazetted on 29 June 2018. The town was officially renamed to Makhanda in memory ...
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Crime In South Africa
Crime in South Africa includes all violent and non-violent crimes that take place in the country of South Africa, or otherwise within its jurisdiction. When compared to other countries South Africa has notably high rates of violent crime and has a reputation for consistently having one of the highest murder rates in the world. The country also experiences high rates of organised crime relative to other countries. Causes Crime levels have been attributed to poverty, problems with delivery of public services, and wealth disparity. The Institute for Security Studies also highlighted factors beyond poverty and inequality, particularly social stress from uncaring environments in early childhood and subsequent lack of guardianship. South Africa's high crime rates, recidivism and overburdened criminal justice system have been described as a crisis which will require a radical rethink of crime and punishment in young people. In February 2007, the Centre for the Study of Violence and ...
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Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ...
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Municipalities Of South Africa
Local government in South Africa consists of municipalities ( tn, bommasepala; st, bomasepala; nso, bommasepala; af, munisipaliteite; zu, ngomasipala; Southern Ndebele: ''bomasipala''; xh, ngoomasipala; ss, bomasipala; ve, vhomasipala; ts, vamasipala) of various types. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country is divided into counties called district municipalities, each of which consists of several boroughs called local municipalities. Since the boundary reform at the time of the municipal election of 3 August 2016 there are eight metropolitan municipalities, 44 district municipalities and 205 local municipalities. Categories Municipalities can belong to one of three categories: metropolitan, district and local (referred to in the constitution as categories A, C and B). Metropolitan municipalities Metropolitan (or category A) municipalities govern large densely urbanised regions that encompass multip ...
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South African Criminal Law
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt ''et al.'', a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society. In South Africa, as in most adversarial legal systems, the standard of evidence required to validate a criminal conviction is proof beyond a reasonable doubt. The sources of South African criminal law are to be found in the common law, in case law and in legislation. Criminal law (which is to be distinguished from its civil counterpart) forms part of the public law of South Africa, as well as of th ...
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South African Law Reports, Eastern Districts Local Division
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 reporte ...
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1917 In South African Law
Events Below, the events of World War I have the "WWI" prefix. January * January 9 – WWI – Battle of Rafa: The last substantial Ottoman Army garrison on the Sinai Peninsula is captured by the Egyptian Expeditionary Force's Desert Column. * January 10 – Imperial Trans-Antarctic Expedition: Seven survivors of the Ross Sea party were rescued after being stranded for several months. * January 11 – Unknown saboteurs set off the Kingsland Explosion at Kingsland (modern-day Lyndhurst, New Jersey), one of the events leading to United States involvement in WWI. * January 16 – The Virgin Islands, Danish West Indies is sold to the United States for $25 million. * January 22 – WWI: United States President Woodrow Wilson calls for "peace without victory" in Germany. * January 25 ** WWI: British armed merchantman is sunk by mines off Lough Swilly (Ireland), with the loss of 354 of the 475 aboard. ** An anti-prostitution drive in Prostitution in t ...
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1917 In Case Law
Events Below, the events of World War I have the "WWI" prefix. January * January 9 – WWI – Battle of Rafa: The last substantial Ottoman Army garrison on the Sinai Peninsula is captured by the Egyptian Expeditionary Force's Desert Column. * January 10 – Imperial Trans-Antarctic Expedition: Seven survivors of the Ross Sea party were rescued after being stranded for several months. * January 11 – Unknown saboteurs set off the Kingsland Explosion at Kingsland (modern-day Lyndhurst, New Jersey), one of the events leading to United States involvement in WWI. * January 16 – The Danish West Indies is sold to the United States for $25 million. * January 22 – WWI: United States President Woodrow Wilson calls for "peace without victory" in Germany. * January 25 ** WWI: British armed merchantman is sunk by mines off Lough Swilly (Ireland), with the loss of 354 of the 475 aboard. ** An anti-prostitution drive in San Francisco occurs, and police ...
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