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Minister Of Safety And Security V Hamilton
''Minister of Safety and Security v Hamilton'' is an important case in South African law, in particular the law of delict, but with implications also for criminal law. It was heard before the Supreme Court of Appeal (SCA) on 21 August 2003, with judgment handed down on 26 September. Facts In terms of the Arms and Ammunition Act, one Erna Lochiel McArdell in September 1993 applied successfully for a gun licence. Ten months later, during a parking-lot altercation, she shot Hamilton in the back. Hamilton sustained a serious spinal injury, rendering him "permanently wheelchair-bound," and some three years later claimed damages against the Minister of Safety and Security. The police, he argued, had been in negligent breach of their "legal duty to exercise reasonable care in considering, investigating, recommending and ultimately granting McArdell's application for a firearm licence." They had incurred vicarious liability, in that their dereliction of duty, unwittingly but effect ... [...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 199 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Of Delict
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. JC Van der Walt and Rob Midgley define a delict 'in general terms ..as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor. The delictual inquiry 'is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict'. The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an ''injuria''), t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. 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 most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arms And Ammunition Act
Arms or ARMS may refer to: *Arm or arms, the upper limbs of the body Arm, Arms, or ARMS may also refer to: People * Ida A. T. Arms (1856–1931), American missionary-educator, temperance leader Coat of arms or weapons *Armaments or weapons ** Firearm **Small arms *Coat of arms **In this sense, "arms" is a common element in pub names Enterprises *Amherst Regional Middle School *Arms Corporation, originally named Dandelion, a defunct Japanese animation studio who operated from 1996 to 2020 *TRIN (finance) or Arms Index, a short-term stock trading index *Australian Relief & Mercy Services, a part of Youth With A Mission Arts and entertainment *ARMS (band), an American indie rock band formed in 2004 * ''Arms'' (album), a 2016 album by Bell X1 * "Arms" (song), a 2011 song by Christina Perri from the album ''lovestrong'' * ''Arms'' (video game), a 2017 fighting video game for the Nintendo Switch *ARMS Charity Concerts, a series of charitable rock concerts in support of Action into R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1993 In South Africa
The following lists events that happened during 1993 in South Africa. Incumbents * State President: F.W. de Klerk.Archontology.org: A Guide for Study of Historical Offices: South Africa: Heads of State: 1961-1994 (Accessed on 14 April 2017) * Chief Justice: Michael Corbett. Events ;March * 24 – State President informs Parliam ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Aquilia
The ''lex Aquilia'' was a Roman law which provided compensation to the owners of property injured by someone's fault, set in the 3rd century BC, in the Roman Republic. This law protected Roman citizens from some forms of theft, vandalism, and destruction of property. The provisions of the Lex Aquilia The ''lex Aquilia'' (strictly, a plebiscite) was possibly enacted in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from ''damnum iniuria datum'', "damage unlawfully inflicted", a kind of a delict (or tort), albeit with differences from tort as known in modern common law systems and the Scots Law of Delict. The most pertinent provisions were in the first and third chapters of the law. Only a limited subset of torts was included in the law as enacted. The first section stated that someone who unlawfully, or wrongfully as it later became known, killed another man's slaves or herd animal (''pecus'') should pay the owner the highest value that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal Of South Africa Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2003 In South African Case Law
3 (three) is a number, numeral and digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious or cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. The Indian digits spread to the Caliphate in the 9th ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
