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S V Zuma
''S v Zuma and Others'' was the first case decided by the Constitutional Court of South Africa after it was established in 1995. The case dealt with a provision of the Criminal Procedure Act which required the defence in criminal cases to prove that a confession made before a magistrate was coerced, rather than requiring the state to prove that it was not coerced. The court held that this reverse onus provision was unconstitutional because it violated the right to a fair trial under section 25 of the Interim Constitution A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have,had in the past,such a c .... External links Text of the judgmentOfficial media summary Constitutional Court of South Africa cases South African criminal case law 1995 in South African law 1995 in case law {{SouthAfrica-case-law-s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jacob Zuma Rape Trial
South African politician Jacob Zuma – later the President of South Africa – was charged with rape on 6 December 2005. He was prosecuted in the Johannesburg High Court between March and May 2006. On 8 May, the Court dismissed the charges, agreeing with Zuma that the sex act in question had been consensual. During the trial, Zuma admitted to having unprotected sex with his accuser, whom he knew to be HIV-positive, but memorably claimed that he took a shower afterwards to reduce his risk of contracting HIV. Background To protect the identity of Zuma's accuser, Fezekile Ntsukela Kuzwayo, she was known to the public by the pseudonym Khwezi. Her father, Judson Kuzwayo, was, like Zuma, a member of the African National Congress (ANC) during the struggle against apartheid, and had spent a decade imprisoned alongside Zuma on Robben Island before his death in 1985. Zuma was accused of raping her at his home in Forest Town, Johannesburg on 2 November 2005. By then, Khwezi was a 31 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Kentridge
Sir Sydney Woolf Kentridge (born 5 November 1922) is a South African-born lawyer, judge and member of the Bar of England and Wales. He practised law in South Africa and the United Kingdom from the 1940s until his retirement in 2013. In South Africa he played a leading role in a number of the most significant political trials in the apartheid-era, including the Treason Trial of Nelson Mandela and the 1978 inquest into the death of Steve Biko. Kentridge's wife, Felicia Kentridge, was also a leading anti-apartheid lawyer. Early life and education Kentridge was born in 1922 in Johannesburg, the son of Lithuanian-born Jewish lawyer and politician Morris Kentridge (né Kantrovitch; 1881–1964). Sydney Kentridge attended Johannesburg's King Edward VII School, before studying at the University of Witwatersrand. He graduated in 1942, and served during the Second World War as an intelligence officer in the South African Army in East Africa and Italy. After the war, he attended Ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interim Constitution Of South Africa
The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of the abolition of apartheid. It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review. History An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected consti ... [...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] |
Reverse Onus
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent. Canada Reverse onus clauses can be seen in the Criminal Code, where the accused must disprove an imposed presumption. These sorts of provisions are contentious as they almost always violate the presumption of innocence protected under section 11(d) of the Canadian Charter of Rights and Freedoms. The only way that such a provision can survive Charter scrutiny is if it can be justified under section 1. The Supreme Court of Canada has struck down a number of reverse onus provisions. The first and most famous of them was the striking down o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure Act, 1977
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of Parliament, act of the Parliament of South Africa that governs criminal procedure in South Africa, criminal procedure in Law of South Africa, South Africa's legal system. It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of criminal charge, charges, bail, the plea, the testimony of witnesses and the Evidence (law), law of evidence, the verdict and sentence (law), sentence, and appeal. The act is also in force in Namibia, which inherited it from the South African administration of South-West Africa. Administration of the act was transferred to the SWA government in 1979, and since then the South African and Namibian versions have diverged through amendment. A new Namibian Criminal Procedure Act was passed in 2004 but has not yet come into force. See also * Criminal procedure in South Africa * National Forensic DNA Database of South Africa * South African ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natal Provincial Division
The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province. the Judge President of the division is Chiman Patel. History The Natalia Republic, established in 1839 by Voortrekkers, was annexed by Britain in 1843 and renamed Natal. In 1844 it was attached to the Cape Colony, and in 1846 a District Court for Natal was established with its seat in Pietermaritzburg. In 1856 Natal was detached from the Cape and became a separate colony, and in 1857 the District Court was replaced by a Supreme Court of Natal. When the Union of South Africa was formed in 1910, the Supreme Court of Natal became the Natal Provincial Division of the Supreme Court of South Africa; at the same time, the circuit court at Durban became the Durban ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acting (law)
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated. Business Organizations are advised to have a succession plan including the designation of an acting CEO if the person in that job vacates that position before a replacement has been determined. For example, the lead director on the board of directors may be designated to assume the responsibilities of the CEO until the board finds a new CEO. Politics Examples of acting positions in politics include acting mayor, acting governor, acting president, and acting prime minister. Officials in an acting position usually do not have the full powers of a properly appointed official, and are often the proper official's deputy or longest servi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albie Sachs
Albert "Albie" Louis Sachs (born 30 January 1935) is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela. Early life and education Albie Sachs was born on 30 January 1935 in Johannesburg at the Florence Nightingale Hospital to Emil Solomon "Solly" Sachs, General Secretary to the Garment Workers' Union of South Africa, and Rachel "Ray" (née Ginsberg) Sachs (later Edwards). Both his mother and father fled to South Africa as children with parents who were escaping persecution against Jews in Lithuania. Sachs shared that at the time they left, the antisemitism had become so violent that "Every Easter, the Cossacks would ride into the villages and say, "'The Jews killed Christ, we're going to kill the Jews.' And my grandparents and others were fleeing into the forests and basements of buildings... so they wanted to escape." Both of his parents were politically active and his father expressed the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
