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Criminal Law

Provocation as a criminal defence in South Africa Explained

2023-08-30T09:16:08+00:00August 30th, 2023|Criminal Law|

PROVOCATION AS A CRIMINAL DEFENCE IN SOUTH AFRICA EXPLAINED Written by: Nash Ricky Mogale 31 July 2023 INTRODUCTION Consider this scenario: Thomas and Fiona are in a domestic relationship. Fiona is infamous within the neighbourhood for being a bully and abusing her husband, Thomas, both verbally and physically. One day, Fiona aggressively approached Thomas regarding a household task they were supposed to collaborate on. In response, Thomas politely requested that Fiona communicate with him respectfully or cease the interaction. However, Fiona proceeded to

What Is A Subpoena?

2023-08-25T12:48:24+00:00July 25th, 2023|Criminal Law|

WHAT IS A SUBPOENA? Written by Andrea Hiestermann 30 May 2023 What is a subpoena? A subpoena duces tecum, generally referred to as a subpoena, is a legal document instructing someone to either appear in court personally or bring information or documents on a specific date and time and at a specific court. It is issued by the clerk or registrar of the court on behalf of someone who requires a witness to give evidence.  Are There Different Subpoenas? There are two subpoenas,

Assessing The Fairness Of The South African Criminal Law System

2023-07-25T12:07:13+00:00July 25th, 2023|Criminal Law|

ASSESSING THE FAIRNESS OF THE SOUTH AFRICAN CRIMINAL LAW SYSTEM Written by: Nash Ricky Mogale 26 June 2023 INTRODUCTION The fairness of a criminal law system is a fundamental concern in any society, as it shapes perceptions of justice and equality under the law. In the context of South Africa, a nation striving for a just and inclusive society, assessing the fairness of the criminal law system is of paramount importance. This article delves into the intricate dynamics and key considerations surrounding the South African

The Governance of Cyber & ICT Law in South Africa Explained

2023-05-11T09:18:21+00:00May 11th, 2023|Criminal Law|

The Governance of Cyber & ICT Law in South Africa Explained Written by Natasha du Preez 26 April 2023 In the current climate of digitalisation, a worldwide revolution has created a massive surge of technological and digital advances. This vast and ever-growing cyberspace, while beneficial for the most part, has also created a multitude of global legal problems. These new-age legal problems create a dire need for new-age solutions and legislation that will enable the South African legal system to govern the rights

International Fraud Awareness Week- and everything it entails

2022-12-14T08:02:11+00:00November 11th, 2022|Criminal Law|

International Fraud Awareness Week- and everything it entails Written by DIONNE JACKSON 24 OCTOBER 2022. Fraud, its effects, legalities, repercussions, and what companies and individuals can do to prevent it are all topics brought under the spotlight annually in November - during Fraud Awareness Week. This article briefly discusses and sheds light on these topics to ensure you, your company, employees and community are ready for Fraud Awareness Week! WHAT IS FRAUD AWARENESS WEEK? Dating back to 2000, Fraud Awareness Week was started

What Are The Legal Implications Of Hit-and-Run Accidents In South Africa?

2022-12-14T08:04:35+00:00July 12th, 2022|Criminal Law|

What Are The Legal Implications Of Hit-and-Run Accidents In South Africa? Written by Natalie Venter  25 April 2022 What is the exact definition of a hit-and-run? A “hit-and-run” is where a collision occurs, either between two or more vehicles, pedestrians, or animals, and one of the parties involved flees the scene without carrying out the legislative duties which are bestowed upon them or, at the very least, identifying themselves and providing their personal details and contact details. What are my duties when I

Bail Application Procedure In South Africa Explained

2022-12-14T08:05:10+00:00July 11th, 2022|Criminal Law|

Bail Application Procedure In South Africa Explained Written by Nastasja Otrebski 23 February 2021 The Constitution of the Republic of South Africa makes provisions for an accused’s right to apply for bail. This means that any person who has been arrested can apply for bail, irrespective of the type of crime the person has been charged with. WHAT ARE THE DIFFERENT TYPES OF BAIL APPLICATIONS? There are three (3) different bail applications: Police Bail: In terms of Section 59 of the Criminal Procedure

What to expect when a juvenile offender is arrested

2022-12-14T08:15:30+00:00December 13th, 2021|Criminal Law|

What to expect when a juvenile offender is arrested IS THERE A SPECIAL LAW THAT IS APPLICABLE TO MINOR OFFENDERS? Although all criminal law matters are ultimately governed by the Criminal Procedure Act (CPA), special provision is made for child offenders and the CPA is to then be applied in conjunction with the Child Justice Act 75 of 2008 (the Act). WHAT ARE THE DIFFERENT AGE CATEGORIES THAT THE ACT DISTINGUISHES BETWEEN WHEN IT COMES TO CHILDREN? The Act provides for three different

How do I remove or expunge my criminal record in South Africa?

2022-12-14T08:21:51+00:00July 20th, 2021|Criminal Law|

How do I remove or expunge my criminal record in South Africa? An expungement is an application whereby you remove your criminal record from your name. After your criminal record is expunged, it would appear as if the criminal conviction never happened. Do you qualify for an expungement?  In terms of Section 271 of the Criminal Procedure Act, an application for expungement of a criminal record can be brought after ten (10) years after the conviction. It is important to note that the

What are the implications of search and seizure? Criminal procedure act explained

2022-12-14T08:23:43+00:00June 7th, 2021|Criminal Law|

What are the implications of search and seizure? The criminal procedure act explained It is important to note that a police officer can indeed search your property without a warrant however certain requirements need to be met for such search to be lawful. The Criminal Procedure Act clearly states what requirements need to be met which will be discussed below: Can a Police Officer search you or your property without a search warrant?  The answer is simple, yes, they can. In terms of

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