R V Zinn
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R V Zinn
''R v Zinn'', an important case in South African law, was heard in the Appellate Division on 6 December 1945, with judgment handed down on 13 March 1946. Watermeyer CJ, Tindall JA, Greenberg JA, Schreiner JA, and Davis AJA. NE Rosenberg KC (with him D. Gould) appeared for the appellant, and C. Norman Scoble, for the Crown. Facts The appellant had been convicted of a contravention of Volksraad Besluit No. 104 of 25 September 1871, in that he had allowed coloured persons, other than those exempted by the Besluit, to occupy an erf in the village of belonging to the appellant, and had been fined £1. This decision was appealed on the grounds # that a breach of the provisions of the Besluit was not a crime; and # that the Besluit, in so far as it referred to coloured persons, had been impliedly repealed by subsequent legislation. Judgment The Appellate Division, allowing an appeal, did not think it necessary, for the purposes of this case, to attempt to lay down any specific tes ...
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Coloured Person
Coloureds ( af, Kleurlinge or , ) refers to members of multiracial ethnic communities in Southern Africa who may have ancestry from more than one of the various populations inhabiting the region, including African, European, and Asian. South Africa's Coloured people are regarded as having some of the most diverse genetic background. Because of the vast combination of genetics, different families and individuals within a family may have a variety of different physical features. ''Coloured'' was a legally defined racial classification during apartheid referring to anyone not white or not a member of one the aboriginal groups of Africa on a cultural basis, which effectively largely meant those people of colour not speaking any indigenous languages. In the Western Cape, a distinctive Cape Coloured and affiliated Cape Malay culture developed. In other parts of Southern Africa, people classified as Coloured were usually the descendants of individuals from two distinct eth ...
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Cadastre
A cadastre or cadaster is a comprehensive recording of the real estate or real property's metes and bounds, metes-and-bounds of a country.Jo Henssen, ''Basic Principles of the Main Cadastral Systems in the World,'/ref> Often it is represented graphically in a cadastral map. In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. A land parcel or cadastral parcel is defined as "a continuous area, or more appropriately volume, that is identified by a unique set of homogeneous property rights". Cadastral surveys document the Boundary (real estate), boundaries of land ownership, by the production of documents, diagrams, sketches, plans (''plats'' in the US), charts, and maps. They were originally used to ensure reliable facts for land valuation and taxation. An example from early England is the Domesday Book in 1086. Napoleon established a ...
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Transvaal Provincial Division
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 Transvaal ...
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Johannesburg
Johannesburg ( , , ; Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a megacity, and is one of the 100 largest urban areas in the world. According to Demographia, the Johannesburg–Pretoria urban area (combined because of strong transport links that make commuting feasible) is the 26th-largest in the world in terms of population, with 14,167,000 inhabitants. It is the provincial capital and largest city of Gauteng, which is the wealthiest province in South Africa. Johannesburg is the seat of the Constitutional Court, the highest court in South Africa. Most of the major South African companies and banks have their head offices in Johannesburg. The city is located in the mineral-rich Witwatersrand range of hills and is the centre of large-scale gold and diamond trade. The city was established in 1886 following the discovery of gold on what had been a farm. Due to the extremely large gold de ...
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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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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
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 1 ...
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R V McCulloch
R, or r, is the eighteenth Letter (alphabet), letter of the Latin alphabet, used in the English alphabet, modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is English alphabet#Letter names, ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English language, English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French language, French and many other languages. ...
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South African Law Reports, Transvaal Provincial 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 repor ...
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South African Law Reports, Appellate 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 repo ...
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Natives (Urban Areas) Act
In South Africa, pass laws were a form of internal passport system designed to segregate the population, manage urbanization and allocate migrant labor. Also known as the natives' law, pass laws severely limited the movements of not only black African citizens, but other people as well by restricting them to designated areas. Before the 1950s, this legislation largely applied to African men; attempts to apply it to women in the 1910s and 1950s were met with significant protests. Pass laws were one of the dominant features of the country's apartheid system until it was effectively ended in 1986. Early history The first internal passports in South Africa were introduced on 27 June 1797 by the Earl Macartney in an attempt to prevent Africans from entering the Cape Colony. The Cape Colony was merged with the two Afrikaners republics in Southern Africa to form the Union of South Africa in 1910. By this time, versions of pass laws existed elsewhere. A major boost for their utilizatio ...
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1946 In South African Law
Events January * January 6 - The 1946 North Vietnamese parliamentary election, first general election ever in Vietnam is held. * January 7 – The Allies recognize the Austrian republic with its 1937 borders, and divide the country into four Allied-occupied Austria, occupation zones. * January 10 ** The first meeting of the United Nations is held, at Methodist Central Hall Westminster in London. ** ''Project Diana'' bounces radar waves off the Moon, measuring the exact distance between the Earth and the Moon, and proves that communication is possible between Earth and outer space, effectively opening the Space Age. * January 11 - Enver Hoxha declares the People's Republic of Albania, with himself as prime minister of Albania, prime minister. * January 16 – Charles de Gaulle resigns as head of the Provisional Government of the French Republic, French provisional government. * January 17 - The United Nations Security Council holds its first session, at Church House, Westmin ...
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