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R V Zikalala
''Rex v Zikalala'' is an important case in South African criminal law, heard on February 27, 1953. Zikalala, the appellant, had been charged and convicted of the culpable homicide in causing the death of one Alpheus Tsele. On appeal to the Appellate Division, he successfully argued self-defence. Facts Zikalala had been convicted of culpable homicide on a charge of murder. It appeared, however, that the trial court had found that the evidence for the defence might reasonably be substantially true. Judgment The Appellate Division set the conviction. The trial court, it held, should have had, on the basis of finding that the evidence for the defence might reasonably be substantially true, and in the light of the circumstances and considerations reflected in the evidence, a reasonable doubt as to whether the Crown had established that the appellant had not killed the deceased lawfully in private-defence. The court endorsed the following propositions from Gardiner and Lansdown, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (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 jurisdi ... [...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] |
Albert Van Der Sandt Centlivres
Albert van der Sandt Centlivres (13 January 1887 – 19 September 1966), was the Chief Justice of South Africa from 1950 to 1957. Biography Centlivres was born in Newlands, Cape Town, the son of Frederick James Centlivres and Albertina de Villiers. He was educated at the South African College School, South African College (now the University of Cape Town), where he took honours in Classics, and New College, Oxford, where he was a Rhodes Scholar and read Law, graduating BA and BCL. He was called to the bar by the Middle Temple in 1910 and admitted as an advocate of the Cape provincial division in 1911. During the First World War, he served in South-West Africa as a private. He became a King's Counsel in 1927. In 1935 he was appointed a judge of the Cape Provincial Division, and in 1939 he became a Judge of Appeal in the Appellate Division, South Africa's highest court. He was best known for his judgments during the Coloured vote constitutional crisis, in which he rebuffed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Schreiner
Oliver Deneys Schreiner MC KC (29 December 1890 – 27 July 1980), was a judge of the Appellate Division of the Supreme Court of South Africa. One of the most renowned South African judges, he was passed over twice for the position of Chief Justice of South Africa for political reasons. He was later described as "the greatest Chief Justice South Africa never had". Early life Schreiner was born in Cape Town in 1890, the son of William Philip Schreiner, the Prime Minister of the Cape Colony during the Boer War, and his wife, Frances, a sister of President F. W. Reitz. The author Olive Schreiner was his aunt. Schreiner attended the Rondebosch Boys' High School, the South African College School (SACS), before going to the South African College (now the University of Cape Town), where he was the admired president of the Debating Union. An excellent student, he "could have had the Rhodes Scholarship for the asking", but understood, in the light of Rhodes's involvement in the Ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Toon Van Den Heever
Francois Petrus 'Toon' van den Heever (1894–1956) was a Hertzog Prize-winning South African poet, a scholar of Roman-Dutch law, and from 1948 to 1956 a judge of the Appellate Division. Early life and education Van den Heever was born near Heidelberg and obtained his BA degree at the Transvaal University College in 1916. After university he taught Latin, Dutch and English for two years, after which he joined the Windhoek civil administration and also studied part-time for his LLB degree. Career Van den Heever started practicing as an advocate at the Bar in Windhoek in 1921. He then worked as Senior Law Adviser to the Union Government, the Department of Foreign Affairs and from 1931 as Secretary for Justice, Law Adviser for External Affairs and Government Attorney. In 1933 van den Heever was appointed a judge on the South West Africa Division of the Supreme Court of South Africa and in 1938, he relocated to the Orange Free State Provincial Division The Free State Division ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Smith
There are a number of court cases by the name of ''R. v. Smith'': United Kingdom * ''R v Smith (George Joseph)'' (1915) 11 Cr App R 229, (1915) 25 Cox 271, (1915) 31 TLR 617, CCA (the " brides in the bath" case) * ''R v Smith (Thomas Joseph) ''R. v. Smith (Thomas Joseph)'' 9592 QB 35, 959A.C. is an English criminal law case, dealing with causation and homicide. The court ruled that negligence of medical staff, nor being dropped on the way from a stretcher twice, does not break th ...'', 9592 QB 35, 43 Cr App R 121, 9592 WLR 623, 9592 All ER 193, CCA: chain of causation, homicide * ''R v Smith'' (1988) 10 Cr App R (S) 434 Canada * ''R v Smith'' (1987), 1 S.C.R. 1045: cruel and unusual punishment * ''R v Smith'' (1992), 9922 S.C.R. 915: hearsay South Africa * ''R v Smith'' (1900): 17 SC 561 obedience to orders See also * Lists of case law {{SIA, case law ... [...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] |
Self-defence
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many jurisdictions. Physical Physical self-defense is the use of physical force to counter an immediate threat of violence. Such force can be either armed or unarmed. In either case, the chances of success depend on various parameters, related to the severity of the threat on one hand, but also on the mental and physical preparedness of the defender. Unarmed Many styles of martial arts are practiced for self-defense or include self-defense techniques. Some styles train primarily for self-defense, while other combat sports can be effectively applied for self-defense. Some martial arts train how to escape from a knife or gun situation or how to break away from a punch, while others train how to attack. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In South African Law
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Yugoslavia. ** The CIA-sponsored Robertson Panel first meets to discuss the UFO phenomenon. * January 15 – Georg Dertinger, foreign minister of East Germany, is arrested for spying. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record has yet to be broken. * January 20 – Dwight D. Eisenhower is sworn in as the 34th President of the United States. * January 24 ** Mau Mau Uprising: Rebels in Kenya kill the Ruck family (father, mother, and six-year-old son). ** Leader of East Germany Walter Ulbricht announces that agriculture will be collect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1953 In Case Law
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a Estonian government-in-exile, government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Socialist Federal Republic of Yugoslavia, Yugoslavia. ** The Central Intelligence Agency, CIA-sponsored Robertson Panel first meets to discuss the Unidentified flying object, UFO phenomenon. * January 15 – Georg Dertinger, foreign minister of East Germany, is arrested for spying. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record has yet to be broken. * January 20 – Dwight D. Eisenhower is First inauguration of Dwight D. Eisenhower, sworn in as the 34th President of the United States. * January 24 ** Mau Mau Upr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Criminal Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa) Cases
Appellate Division may refer to: * Bangladesh Supreme Court, Appellate Division * New York Supreme Court, Appellate Division * New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appe ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
