Eric Leach (judge)
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Eric Leach (judge)
Lorimer Eric Leach (born 17 August 1952) is a South African retired judge who served in the Supreme Court of Appeal from 2009 to 2020. He is best known for writing the judgement in which the Supreme Court found Oscar Pistorius guilty of murder. Before his elevation to the appellate court, he was a judge of the Eastern Cape Division from 1993 to 2009, and he practised as an advocate in Grahamstown from 1976 to 1993, taking silk in 1990. Early life and education Leach was born on 17 August 1952 in Port Elizabeth in the Eastern Cape. He matriculated in 1969 at Hilton College in Natal Province, but thereafter he returned to the Cape to enrol at Rhodes University in Grahamstown. After completing his BA at Rhodes in 1972, he completed an LLB at the University of Natal, graduating at the university's Pietermaritzburg campus in 1974. At both universities, he was a member of the provincial athletics team, but his athletic career was cut short by injury. Legal career Leach was c ...
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Supreme Court Of Appeal (South Africa)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest appellate court, court of appeal in South Africa below the Constitutional Court of South Africa, Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in General jurisdiction, all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's mo ...
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Pietermaritzburg
Pietermaritzburg (; ) is the capital and second-largest city in the province of KwaZulu-Natal, South Africa after Durban. It was named in 1838 and is currently governed by the Msunduzi Local Municipality. The town was named in Zulu after King Dingane's royal homestead uMgungundlovu. Pietermaritzburg is popularly called Maritzburg and is often informally abbreviated to PMB. It is a regionally-important industrial hub, producing aluminium, timber and dairy products, and is the main economic hub of Umgungundlovu District Municipality, uMgungundlovu District Municipality. The public sector is a major employer in the city due to local, district and provincial government offices located here. The city has many schools and tertiary education institutions, including a campus of the University of KwaZulu-Natal. It had a population of 228,549 in 1991; the current population is estimated at over 600,000 residents (including neighbouring townships) and is a melting pot of different culture ...
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Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ...
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Dolus Eventualis
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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Thokozile Masipa
Thokozile Matilda Masipa (born 16 October 1947) is a judge in the Gauteng Division of the High Court of South Africa. She was the presiding judge in the 2014 trial of Oscar Pistorius for the killing of Reeva Steenkamp. Her judgement of not guilty of murder was later overturned on appeal. Early life and education Masipa was born and grew up in Orlando East, Soweto, Johannesburg, South Africa the eldest of 10 children. After matriculating from Immaculata High School in the Alexandra township in 1966, she obtained a BA degree specialising in Social Work in 1974 and a LLB in 1990 from the University of South Africa. She was admitted as an advocate in 1991. Career Prior to her law career, Masipa worked as a social worker and as a crime reporter, which led to her interest in law. She worked for ''The World'', ''Post'' and ''The Sowetan'' newspapers and edited the ''Queen'' women's supplement of ''Pace'' magazine. In 1998, she was appointed as a judge in the Transvaal Provincial Di ...
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Reeva Steenkamp
Reeva Rebecca Steenkamp ( ; ; 19 August 1983 – 14 February 2013) was a South African model and paralegal. She modelled for '' FHM'' magazine and was the first face of Avon cosmetics in South Africa. Steenkamp once worked as the live roaming presenter for FashionTV in South Africa and starred in television advertisements for Toyota Land Cruiser, Clover Industries, Redds and Aldor Pin Pop. She was a celebrity contestant on the BBC Lifestyle show ''Baking Made Easy'' in 2012 and on ''Tropika Island of Treasure'' season 5 which aired on SABC 3 in February 2013. On Valentine's Day 2013, Steenkamp was shot dead by her boyfriend, Oscar Pistorius, at his home in Pretoria. He stated that he thought Steenkamp was an intruder hiding in the bathroom. Pistorius was found guilty of culpable homicide at a first trial, and was sentenced to five years in prison. On 3 December 2015, the Supreme Court of Appeal of South Africa overturned this conviction and instead convicted Pistorius of mur ...
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Culpable Homicide
Culpable homicide is a categorisation of certain offences in various jurisdictions within the Commonwealth of Nations which involves the homicide (illegal killing of a person) either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence. Unusually for those legal systems which have originated or been influenced during rule by the United Kingdom, the name of the offence associates with Scots law rather than English law. Jurisdictions "Culpable homicide" offences are found in the following jurisdictions; the description of the local version of the offence is given where available: Canada In Canada, "culpable homicide" is not itself an offence. Rather, the term is used in the Criminal Code to classify all killings of persons as either culpable or not culpable homicide. There are three types of culpable homicide: murder, manslaughter and infanticide. Killings classified as not culpable are justifiable killings; thus the term i ...
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Zukisa Tshiqi
Zukisa Laura Lumka Tshiqi (; born 11 January 1961) is a South African judge of the Constitutional Court of South Africa. She formerly served in the Supreme Court of Appeal from December 2009 until October 2019, when President Cyril Ramaphosa elevated her to the Constitutional Court. She was a practising attorney until she was first appointed to the bench in the Gauteng High Court in 2005. Early life and education Tshiqi was born on 11 January 1961 in Cefane, a rural area near Ngcobo in Eastern Cape. She was one of eight children and her father was a farmer. She attended Cefane Primary School and matriculated in 1979 at Blythswood High School in Nqamakwe. Thereafter she went on the University of Fort Hare but was forced to drop out due to a lack of funds. After her marriage, she moved to Johannesburg, where she enrolled in the University of the Witwatersrand. She graduated with a BProc in 1989, completing her degree while her husband was detained for a political offence and ...
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Jeremiah Shongwe
Jeremiah Buti Zwelibanzi Shongwe (born 3 December 1948) is a South African jurist and former judge of the Supreme Court of Appeal of South Africa. Early life and education Born in Pretoria, Shongwe was educated at Edendale Technical High School in Pietermaritzburg. He obtained a B.Proc degree from University of Zululand in 1974 and was admitted as an attorney during 1979. Career Shongwe practised as an attorney for more than twenty years and during 2000 he acted as a judge for the first time, after which, from January 2001, he was permanently appointed at the North Gauteng High Court in Pretoria. In 2005, he was appointed the Deputy Judge President of the same Division and in 2009 he was appointed to the Supreme Court of Appeal of South Africa. For two years, 2017 and 2018, he acted as the Deputy President of the Supreme Court of Appeal. Shongwe was appointed the chairperson of the Electoral Court of South Africa, in May 2014. Honours Shongwe was awarded an honorary LLD (Ho ...
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Judicial Service Commission (South Africa)
The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa. History In apartheid South Africa, judges were appointed by the President, usually on the direction of the Minister of Justice, and behind closed doors. During the constitutional negotiations, it was decided that the President's power should be moderated by a special body relatively insulated from partisan interests. It was to be composed of a number of politicians, from both the ruling party and the opposition, and non-politicians, and would conduct public interviews. The Judicial Service Commission (JSC) was therefore created by the Interim Constitution. The JSC is now regulated by section 178 of the final Constitution (and by the Judicial Service Commission Act 9 of 1994). Composition In terms of section 178(1) of the Constitution, the JSC is usually composed of 25 members. This membership is divided more o ...
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Apartheid
Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an authoritarian political culture based on ''baasskap'' ( 'boss-ship' or 'boss-hood'), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority White South Africans, white population. Under this minoritarianism, minoritarian system, white citizens held the highest status, followed by Indian South Africans, Indians, Coloureds and Ethnic groups in South Africa#Black South Africans, black Africans, in that order. The economic legacy and social effects of apartheid continue to the present day, particularly Inequality in post-apartheid South Africa, inequality. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social ev ...
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Eastern Cape High Court
The Eastern Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Eastern Cape province of South Africa. The main seat of the division is at Makhanda, with subordinate local seats at Gqeberha, Bhisho and Mthatha, as well as a circuit court in East London. the Judge President of the division is Selby Mbenenge. History A superior court was first established at Grahamstown in 1864, as the Court of the Eastern Districts of the Cape of Good Hope, to ease access to justice for the residents of what is now the Eastern Cape. The Eastern Districts Court was subordinate to the Supreme Court of the Cape of Good Hope in Cape Town, which had concurrent jurisdiction over the eastern districts. When the Union of South Africa was created in 1910, the Eastern Districts Court became the Eastern Districts Local Division of the Supreme Court of South Africa. In 1957 the division was removed from the concurrent jurisdiction of the court at Cape ...
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