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S V Motau And Another
''S v Motau and Another'' is an important case in South African law. It was heard in the Transvaal Provincial Division on March 11, 1963, with judgment handed down on March 25. The judges were Ludorf J en Trollip J. Judgment The case was an appeal from a conviction on a charge of arson, which requires by definition that the affected property be immovable. As it appeared that the state had failed to prove sufficiently that the complainant's "house" was immovable, the court substituted a conviction of malicious injury to property, although the appellants had been acquitted on such a charge. See also * Arson * Crime in South Africa * Law of South Africa * South African criminal law * South African property law South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ... References Ca ... [...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] |
Transvaal Province
The Province of the Transvaal ( af, Provinsie van Transvaal), commonly referred to as the Transvaal (; ), was a province of South Africa from 1910 until 1994, when a new constitution subdivided it following the end of apartheid. The name "Transvaal" refers to the province's geographical location to the north of the Vaal River. Its capital was Pretoria, which was also the country's executive capital. History In 1910, four British colonies united to form the Union of South Africa. The Transvaal Colony, which had been formed out of the bulk of the old South African Republic after the Second Boer War, became the Transvaal Province in the new union. Half a century later, in 1961, the union ceased to be part of the Commonwealth of Nations and became the Republic of South Africa. The PWV (Pretoria-Witwatersrand- Vereeniging) conurbation in the Transvaal, centred on Pretoria and Johannesburg, became South Africa's economic powerhouse, a position it still holds today as Gauteng Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable ... [...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] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immovable Property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property "heritable property", and in French-based law, it is called ''immobilier'' ("immovable property"). Historical background The wo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malicious Injury To Property
{{Disambiguation ...
Malicious may refer to: Films and video games * ''Malicious'' (1973 film) (''Malizia''), an Italian comedy starring Laura Antonelli * ''Malicious'' (1995 film), an American thriller starring Molly Ringwald * ''Malicious'' (2018 film), an American horror film starring Delroy Lindo * ''Malicious'' (video game), a 2010 download-only 3D action game Thoroughbred race horses * Malicious (horse), foaled 1927 * Malicious, winner of the 1964 Jim Dandy Stakes * Malicious III, winner of the 1965 Evening Attire Stakes See also * * Malice (legal term) * Malice (other) * Malware Malware (a portmanteau for ''malicious software'') is any software intentionally designed to cause disruption to a computer, server, client, or computer network, leak private information, gain unauthorized access to information or systems, de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercraft, or forests. The crime is typically classified as a felony, with instances involving a greater degree of risk to human life or property carrying a stricter penalty. Arson which results in death can be further prosecuted as manslaughter or murder. A common motive for arson is to commit insurance fraud. In such cases, a person destroys their own property by burning it and then lies about the cause in order to collect against their insurance policy. A person who commits arson is referred to as an arsonist, or a serial arsonist if arson has been committed several times. Arsonists normally use an accelerant (such as gasoline or kerosene) to ignite, propel and directionalize fires, and the detection and identification of ignitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime In South Africa
Crime in South Africa includes all violent and non-violent crimes that take place in the country of South Africa, or otherwise within its jurisdiction. When compared to other countries South Africa has notably high rates of violent crime and has a reputation for consistently having one of the highest murder rates in the world. The country also experiences high rates of organised crime relative to other countries. Causes Crime levels have been attributed to poverty, problems with delivery of public services, and wealth disparity. The Institute for Security Studies also highlighted factors beyond poverty and inequality, particularly social stress from uncaring environments in early childhood and subsequent lack of guardianship. South Africa's high crime rates, recidivism and overburdened criminal justice system have been described as a crisis which will require a radical rethink of crime and punishment in young people. In February 2007, the Centre for the Study of Vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of South Africa
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 Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Motau And Another
''S v Motau and Another'' is an important case in South African law. It was heard in the Transvaal Provincial Division on March 11, 1963, with judgment handed down on March 25. The judges were Ludorf J en Trollip J. Judgment The case was an appeal from a conviction on a charge of arson, which requires by definition that the affected property be immovable. As it appeared that the state had failed to prove sufficiently that the complainant's "house" was immovable, the court substituted a conviction of malicious injury to property, although the appellants had been acquitted on such a charge. See also * Arson * Crime in South Africa * Law of South Africa * South African criminal law * South African property law South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ... References Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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