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S V Singo
''S v Singo'' is an important case in South African criminal procedure, heard in the Constitutional Court on 12 March 2002, with judgment delivered on 12 June 2002. The presiding officers were Chaskalson CJ, Langa DCJ, Ackermann J, Goldstone J, Kriegler J, Madala J, Ngcobo J, O'Regan J, Sachs J, Du Plessis AJ and Skweyiya AJ. JG Wasserman SC (with A. Louw) appeared for the applicant at the request of the Court, and JA van S d'Oliveira SC (with AL Collopy and R. Sampson) for the State. Procedure The procedure envisaged in section 72(4) of the Criminal Procedure Act consists of two distinct yet connected enquiries. The court may, but need not, undertake either enquiry. The first is when the court considers whether or not to issue a warrant for the arrest of the accused person. At this stage the accused is absent and the court of its own accord establishes whether the two pre-conditions to issue a warrant of arrest exist. These conditions are that the accused person # had been d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sandile Ngcobo
Sandile Ngcobo (born 1 March 1953) is former justice in the Constitutional Court of South Africa. He served as Chief Justice from 2009 to 2011. In 2017, the Southern African Public Law journal published a special issue in volume 32 of the journal under the title: "Twenty-First Century Constitutional Jurisprudence of South Africa: the Contribution of Former Chief Justice S. Sandile Ngcobo" in which academics, judges and practitioners examined Justice Ngcobo's jurisprudence during his tenure at the bench. The special issue was edited by Professor Ntombizozuko Dyani-Mhango, a former clerk of the Justice Ngcobo. See, Education Justice Ngcobo received a Fulbright scholarship and he holds an LLM degree from Harvard Law School, where he is a visiting professor of law. He is also a visiting professor of law at Columbia Law School and an adjunct professor of law at Cornell Law School. Career From 1986 to 1987, Ngcobo clerked for A. Leon Higginbotham, Jr., a United States federal j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure In South Africa
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law. History When the British occupied the Cape permanently in 1806, they retained the Roman-Dutch legal system. They concluded, however, that the criminal justice system was archaic, and so introduced one based on their own in 1828. It has been developed over the years to suit local conditions. The South African system today is basically accusatorial: that is, the state accuses and the accused defends. The accusation and its proof are state-driven, with a state-appointed prosecuting authority. Sources The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Venda Division
The Limpopo Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Limpopo province of South Africa. The main seat of the court in Polokwane opened on 25 January 2016. The court also has local seats at Thohoyandou and Lephalale. Before the opening of the division, the Gauteng Division at Pretoria had jurisdiction over Limpopo and circuit courts sat at Polokwane. History Until 1994, the area that is now Limpopo was part of the Transvaal Province and was within the jurisdiction of the Transvaal Provincial Division (now the Gauteng Division). In July 1979 a High Court was established for the Venda bantustan. In September of the same year Venda became nominally independent from South Africa, and its court became the Supreme Court of Venda, although decisions of the court could still be appealed to the Appellate Division of the Supreme Court of South Africa. When Venda was reincorporated into South Africa in 1994 the court continued to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acting (law)
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated. Business Organizations are advised to have a succession plan including the designation of an acting CEO if the person in that job vacates that position before a replacement has been determined. For example, the lead director on the board of directors may be designated to assume the responsibilities of the CEO until the board finds a new CEO. Politics Examples of acting positions in politics include acting mayor, acting governor, acting president, and acting prime minister. Officials in an acting position usually do not have the full powers of a properly appointed official, and are often the proper official's deputy or longest se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thembile Skweyiya
Thembile Skweyiya (17 June 1939 – 1 September 2015) was brother of Zola Skweyiya and he was a South African Constitutional Court judge from 2003 to 2014. Skweyiya attended primary school in Cape Town, but later attended boarding school at the Healdtown Institution in the Eastern Cape where he matriculated in 1959. Justice Skweyiya earned a BSocSci degree from the University of Natal The University of Natal was a university in the former South African province Natal which later became KwaZulu-Natal. The University of Natal no longer exists as a distinct legal entity, as it was incorporated into the University of KwaZulu- ... in 1963 and an LLB degree from the same university in 1967. Skweyiya retired from the bench of the Constitutional Court of South Africa on 6 May 2014 at the age of 73. References Judges of the Constitutional Court of South Africa South African judges 1939 births 2015 deaths {{SouthAfrica-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ben Du Plessis
Ben is frequently used as a shortened version of the given names Benjamin, Benedict, Bennett or Benson, and is also a given name in its own right. Ben (in he, בֶּן, ''son of'') forms part of Hebrew surnames, e.g. Abraham ben Abraham ( he, אברהם בן אברהם). Bar-, "son of" in Aramaic, is also seen, e.g. Simon bar Kokhba ( he, שמעון בר כוכבא). Ben meaning "son of" is also found in Arabic as ''Ben'' (dialectal Arabic) or ''bin'' (بن), ''Ibn''/''ebn'' (ابن). People with the given name * Ben Adams (born 1981), member of the British boy band A1 * Ben Affleck (born 1972), American Academy Award-winning actor and screenwriter * Ben Ashkenazy (born 1968/69), American billionaire real estate developer * Ben Askren (born 1984), American sport wrestler and mixed martial artist * Ben Banogu (born 1996), American football player * Ben Barba (born 1989), Australian rugby player * Ben Barnes (other), multiple people * Ben Bartch (born 1998), Ameri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albie Sachs
Albert "Albie" Louis Sachs (born 30 January 1935) is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela. Early life and education Albie Sachs was born on 30 January 1935 in Johannesburg at the Florence Nightingale Hospital to Emil Solomon "Solly" Sachs, General Secretary to the Garment Workers' Union of South Africa, and Rachel "Ray" (née Ginsberg) Sachs (later Edwards). Both his mother and father fled to South Africa as children with parents who were escaping persecution against Jews in Lithuania. Sachs shared that at the time they left, the antisemitism had become so violent that "Every Easter, the Cossacks would ride into the villages and say, "'The Jews killed Christ, we're going to kill the Jews.' And my grandparents and others were fleeing into the forests and basements of buildings... so they wanted to escape." Both of his parents were politically active and his father expressed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kate O'Regan
Catherine "Kate" O'Regan (born 17 September 1957) is a former judge of the Constitutional Court of South Africa. From 2013 to 2014 she was a commissioner of the Khayelitsha Commission and is now the inaugural director of the Bonavero Institute of Human Rights at the University of Oxford. Early life O'Regan was born in Liverpool, England, into a large Catholic family of Irish immigrants. She moved to Cape Town when she was seven. Her mother was a dentist from a "very political household"; her father was a doctor who became active in poor Catholic communities and those subjected to forced removals. O'Regan studied at the University of Cape Town from 1975 to 1980, earning a BA and LLB. She was taught briefly by Arthur Chaskalson, who had recently founded the Legal Resources Centre, and ran UCT's legal aid project, working with Mahomed Navsa of the University of the Western Cape. After earning an LLM from the University of Sydney, she returned to South Africa and began her article ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tholie Madala
Tholakele "Tholie" Madala (13 July 1937 – 25 August 2010) was a judge in the Constitutional Court of South Africa. He was appointed to the bench in 1994 by Nelson Mandela Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African anti-apartheid activist who served as the first president of South Africa from 1994 to 1999. He was the country's first black head of state and the .... He retired in 2008. References 1937 births 2010 deaths South African judges Judges of the Constitutional Court of South Africa {{SouthAfrica-law-bio-stub ... [...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] |
