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South African Constitutional Law
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect. Constitutions South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: * South Africa Act 1909 * Constitution of South Africa, 1961 (also known as the "Republican Constitution") * Constitution of South Africa, 1983 (also known as the "Tricameral Constitution") * Constitution of South Africa, 1993 (also known as the "Interim Constitution") * Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of parliamentary sovereignty and replaced it with a dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dawood And Another V Minister Of Home Affairs And Others; Shalabi And Another V Minister Of Home Affairs And Others; Thomas And Another V Minister Of Home Affairs And Others
''Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others'' is an important decision in South African constitutional law and immigration law. It was delivered in the Constitutional Court of South Africa on 7 June 2000. In a unanimous judgment written by Justice Kate O'Regan, the court held that the constitutional right to dignity contained implicit protections for the right to family life and the institution of marriage. In particular, provisions of the Aliens Control Act, 1991 were found to be inconsistent with the right to dignity insofar as they permitted immigration officials wide discretion to refuse residence permits to the foreign spouses of South Africans, thereby undermining the ability of married couples to cohabitate. The court held that when Parliament grants government officials such powers and others that touch on constitutional rights, it must lay d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Constitutional Law
South African constitutional law is the area of South African law relating to the interpretation and application of the Constitution of the Republic of South Africa by the country's courts. All laws of South Africa must conform with the Constitution; any laws inconsistent with the Constitution have no force or effect. Constitutions South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: * South Africa Act 1909 * Constitution of South Africa, 1961 (also known as the "Republican Constitution") * Constitution of South Africa, 1983 (also known as the "Tricameral Constitution") * Constitution of South Africa, 1993 (also known as the "Interim Constitution") * Constitution of South Africa, 1996 (also known as the "Final Constitution") The Interim Constitution abolished South Africa's system of parliamentary sovereignty and replaced it with a dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zealand V Minister Of Justice
''Zealand v Minister of Justice'' is an important case in South African constitutional law. Facts In January 1997, the applicant was charged with crimes which included rape and murder. The matter was postponed. While he was remanded in custody, he escaped. He was re-arrested some three months later and then charged with escaping from custody. He was convicted and sentenced to six months' imprisonment wholly suspended, but remained in prison as an awaiting-trial-prisoner. In September 1998 he was charged with a second murder, for which he was convicted and sentenced to eighteen years' imprisonment. His appeal against the second murder, in August 1999, was successful, but the Registrar of the High Court negligently failed to issue a warrant for the applicant's release. He remained in a maximum-security prison until December 2004, over five years later. Throughout the years of his detention, his first murder case had been repeatedly postponed. In addition, the record showed that, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Speaker Of The National Assembly V De Lille And Another
Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In poetry, the literary character uttering the lyrics of a poem or song, as opposed to the author writing the words of that character; see Character (arts) Electronics * Loudspeaker, a device that produces sound ** Computer speakers, speakers sold for use with computers ** Speaker driver, the essential electromechanical element of the loudspeaker Arts, entertainment and media * Los Speakers (or "The Speakers"), a Colombian rock band from the 1960s * ''The Speaker'' (periodical), a weekly review published in London from 1890 to 1907 * ''The Speaker'' (TV series), a 2009 BBC television series * "Speaker" (song), by David Banner * "Speakers" (Sam Hunt song), 2014 * ''The Speaker'', the second book in Traci Chee's Sea of Ink and Gold trilog ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Ex Parte President Of The Republic Of South Africa And Others
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal (insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders, 1967 * In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NCGLE V Minister Of Justice
''National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others'' is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitutionand in particular its explicit prohibition of discrimination based on sexual orientationthe court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid. The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case ''Minister of Home Affairs and Another v Fourie and Another'', a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex couples immigration-related rights, pension benefits, the ability to adopt, and parental right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistry V Interim Medical And Dental Council Of South Africa And Others
Mistry v Interim National Medical and Dental Council of South Africa 1998 (4) SA 1127 (CC); 1998 (7) BCLR 880 (CC) is an important case in the South African law of medicine, constitutional law, constitutional litigation and criminal procedure. In the area of constitutional litigation, the court dealt with an application for a certificate in terms of Rule 18 of the Constitutional Court Rules. And it held that the considerations relevant to deciding whether the certificate should be positive or negative are similar to those which should influence the court in deciding whether or not to grant leave to appeal to Supreme Court of Appeal (SCA): The High Court is required in both instances to consider * whether or not there are reasonable prospects of success; and * whether the issues raised are of sufficient substance to be dealt with by the SCA. It was appropriate, in other words, that an application for a certificate in terms of Rule 18 be dealt with in the same manner as a conve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Khala V Minister Of Safety And Security
''Khala v Minister of Safety and Security'' is an important case in South African law. Facts The plaintiff had instituted action against the defendant for damages arising from an alleged unlawful arrest and detention. The defendant considered that the police docket relating to such arrest was privileged, and listed it accordingly in his discovery affidavit. The plaintiff then launched the application ''in casu'' for an order directing the defendant to make the police docket available for inspection and copying. Judgment ''Amicus curiae'' After the postponement of the matter, from May 19, 1994, to June 13, 1994, the court (with the consent of the parties, and having obtained the approval of the Judge President) appointed Prof E. Mureinik of the Law Faculty of the University of the Witwatersrand to act as ''amicus curiae''. Prof Mureinik filed heads of argument, provided copies of authorities, and made oral submissions after those of the plaintiff and defendant had been conclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraser V Absa Bank Ltd (National Director Of Public Prosecutions As Amicus Curiae)
Fraser may refer to: Places Antarctica * Fraser Point, South Orkney Islands Australia * Fraser, Australian Capital Territory, a suburb in the Canberra district of Belconnen * Division of Fraser (Australian Capital Territory), a former federal electoral division located in the Australian Capital Territory * Division of Fraser (Victoria), a current federal electoral division located in Victoria * Fraser Island, along the coast of Queensland Canada * Fraser River ** Fraser Plateau, a subplateau of the Interior Plateau, named for the river ** Fraser Basin, a low-lying area, part of the Nechako Plateau, flanking the Fraser River in the Central Interior of British Columbia ** Fraser Canyon, the stretch of the Fraser River from the city of Williams Lake south to the town of Hope, British Columbia ** Fraser Valley, the region flanking the lowermost reaches of the Fraser River, from the town of Hope to the sea ** Fraser Plateau and Basin complex, a World Wildlife Fund-named ecoregion in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Lille And Another V Speaker Of The National Assembly
''De Lille and Another v Speaker of the National Assembly'', an important case in South African constitutional law, was heard in the Cape Provincial Division from April 3 to 7, 1998, with judgment handed down on May 8. It was subsequently confirmed, on appeal, by the Supreme Court of Appeal. The High Court dealt with the issue of the powers of Parliament and parliamentary privilege, and found that such powers and privilege, to the extent of their inconsistency or incompatibility with the Constitution, are invalid. Where the privilege breaches the provisions of the Constitution, the aggrieved party is entitled to seek redress from the courts, to which is entrusted the task of ensuring the supremacy of the Constitution. The certificate issued by the Speaker in terms of section 5 of the Powers and Privileges of Parliament Act had the effect of undermining the independence of the courts and interfering with their functioning. Section 5, therefore, was unconstitutional to the extent tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Billiton Aluminium SA Ltd T/a Hillside Aluminium V Khanyile And Others
BHP Group Limited (formerly known as BHP Billiton) is an Australian Multinational corporation, multinational mining, metals, natural gas petroleum public company that is headquartered in Melbourne, Victoria, Australia. The Broken Hill Proprietary Company was founded on 16 July 1885 in the mining town of Silverton, New South Wales. By 2017, BHP was the world's largest mining company, based on market capitalisation, and was Melbourne's third-largest company by revenue. BHP Billiton was formed in 2001 through the merger of the Australian Broken Hill Proprietary Company Limited (BHP) and the Anglo–Dutch Billiton plc trading on both the Australian Securities Exchange, Australian and London Stock Exchanges as a dual-listed company. In 2015, some BHP Billiton assets were demerged and rebranded as South32, while a scaled-down BHP Billiton became BHP. In 2018, BHP Billiton Limited and BHP Billiton plc became BHP Group Limited and BHP Group plc, respectively. In the 2020 Forbes Glob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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