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S V Salzwedel
''S v Salzwedel and Others'', an important case in South African criminal law and criminal procedure, was heard in the Supreme Court of Appeal (SCA) on 4 November 1999, with judgment handed down on 29 November. The judges were Mahomed CJ, Smalberger JA, Olivier JA, Melunsky AJA and Mpati AJA. GG Turner appeared for the appellant (the state); P. Myburgh, instructed by the Legal Aid Board, for the respondents, whose heads of argument were drawn up by JR Koekemoer. The case dealt with factors to be taken into account in the imposition of sentences. Among the aggravating factors was racial motivation in the commission of a serious offence. This was found to subvert the fundamental premises of the ethos of human rights which now, after the negotiated settlement, permeated South Africa's processes of judicial interpretation and judicial discretion, including sentencing policy in punishment of criminal offences. A substantial term of imprisonment, for a murder committed out of racis ... [...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] |
South African Criminal Procedure
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 Sup ... [...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] |
Ismail Mahomed
Ismail Mahomed SCOB SC (5 July 1931 – 17 June 2000) was a South African lawyer who served as the Chief Justice of South Africa and the Chief Justice of Namibia, and co-authored the constitution of Namibia. Early life Mahomed was born in Pretoria; his parents were Indian immigrant merchants. He graduated from Pretoria Indian Boys' High School in 1950. He received his BA from University of the Witwatersrand in 1953 and the following year received his BA (Hons) with distinction in political science. He finished his Bachelor of Laws in 1957. Career Mahomed was refused admission to the Pretoria Bar Association, as it was reserved for white lawyers, but was able to join the Johannesburg Bar Association. However, because of the Group Areas Act, he was banned from getting a Chambers of his own, and had to join the Chambers of a White Senior Advocate. In the 1960s he was briefed extensively to appear in matters in Botswana, Lesotho, and Rhodesia, being briefed mostly in matters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pierre Olivier
Pierre J. J. Olivier (1936 – 16 December 2003) was a South African jurist and judge who served in the Supreme Court of Appeal from 1995 until his death in 2003. He was an advocate and silk in Bloemfontein until he was appointed to the bench in 1985 as a judge of the Orange Free State Provincial Division of the Supreme Court of South Africa. Before entering legal practice, he taught law at the University of Pretoria from 1961 to 1969 and at the University of the Orange Free State from 1969 to 1973; he specialised in private law. Early life and education Olivier was born in Usakos, Namibia in 1936. He matriculated at Paul Roos Gymnasium in Stellenbosch, South Africa, and attended the University of Pretoria from 1957 to 1960, completing an LLB and a BA in law. Legal and academic career While a law student, Olivier clerked at a local firm in Pretoria, and he was admitted as an advocate in 1961. However, after his graduation, he entered legal academia, first as a lecturer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Mpati
Lex Mpati SC (born 5 September 1949) is a South African judge, Chancellor of Rhodes University, and former President of the Supreme Court of Appeal of South Africa. Early life and education Mpati has deep roots in Grahamstown and the province as a whole. He was born in Durban in 1949 but his schooling was in the Eastern Cape, first at St Joseph's Catholic School at Fort Beaufort and then at Mary Waters High School in Grahamstown, from where he matriculated in 1967. Mpati enrolled at Rhodes in 1979, under a special permit (required by black students), and graduated in 1982 with a BA degree in legal theory and Xhosa. He graduated with an LL.B. degree in 1984. He was only the second black student to graduate with an LLB from Rhodes. Career Lex Mpati started his legal career in 1985 and was admitted as an advocate in 1989. He became a member of the Eastern Cape Bar in 1989 and was appointed as senior counsel in April 1996. He served as a Judge in the Eastern Cape Division of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negotiations To End Apartheid In South Africa
The apartheid system in South Africa was ended through a series of bilateral and multi-party negotiations between 1990 and 1993. The negotiations culminated in the passage of a new interim Constitution in 1993, a precursor to the Constitution of 1996; and in South Africa's first non-racial elections in 1994, won by the African National Congress (ANC) liberation movement. Although there had been gestures towards negotiations in the 1970s and 1980s, the process accelerated in 1990, when the government of F. W. de Klerk took a number of unilateral steps towards reform, including releasing Nelson Mandela from prison and unbanning the ANC and other political organisations. In 1990–91, bilateral "talks about talks" between the ANC and the government established the pre-conditions for substantive negotiations, codified in the Groote Schuur Minute and Pretoria Minute. The first multi-party agreement on the desirability of a negotiated settlement was the 1991 National Peace Accord, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("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'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable provocation, or diminished capacity. ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness. Most societies consider murder to be an extremely serious crime, and thus that a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racism
Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. There have been attempts to legitimize racist beliefs through scientific means, such as scientific racism, which have been overwhelmingly shown to be unfounded. In terms of political systems (e.g. apartheid) that support the expression of prejudice or aversion in discriminatory practices or laws, racist ideol ... [...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] |
