S V Mtewtwa
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S V Mtewtwa
''S v Mtewtwa''1977 (3) SA 628 (E). is an important case in South African criminal law, dealing with the defence of compulsion. The accused, in custody, was threatened by a warder with solitary confinement unless he committed a criminal act. The court considered what State must prove in such circumstances in order to obtain a conviction. The court held that, where an accused's defence is one of compulsion, the onus lies on the State to show that a reasonable man would have resisted the compulsion. There is no onus on the accused to satisfy the court that he acted under compulsion. Specifically, where a person is in custody and is threatened by a warder with solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ..., then, held the court, at the very least the State ...
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South African Law Reports
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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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Solitary Confinement
Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additional security equipment in comparison to the general population. Solitary confinement is a punitive tool within the prison system to discipline or separate disruptive prison inmates who are security risks to other inmates, the prison staff, or the prison itself. However, solitary confinement is also used to protect inmates whose safety is threatened by other inmates by separating them from the general population. In a 2017 review, "a robust scientific literature has established the negative psychological effects of solitary confinement", leading to "an emerging consensus among correctional as well as professional, mental health, legal, and human rights organizations to drastically limit the use of solitary confinement." The United Nations ...
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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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1963 In South African Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A January 1963 lunar eclipse, total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the January 1963 lunar eclipse, penumbral lunar eclipse and the Solar eclipse of January 25, 1963, annular solar ...
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1963 In Case Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the penumbral lunar eclipse and the annular solar eclipse, only 12 hours, 29 minutes after apogee. * January 19 – Soviet spy Gheorghe ...
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