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S V Williams And Others
''S v Williams and Others'' is a decision of the Constitutional Court of South Africa in which the court ruled that judicial corporal punishment of juveniles is unconstitutional. The decision was taken with respect to five different cases in which six juveniles were convicted by different magistrates and sentenced to receive a "moderate correction" of a number of strokes with a light cane. The unanimous judgment, handed down on 9 June 1995, found the imposition of corporal punishment to be incompatible with the Interim Constitution of South Africa because it violates the right to human dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inaliena ... and the protection against cruel, inhuman or degrading punishment. The case did not deal with judicial corporal punishment of adults, but ... [...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] |
Cape Provincial Division
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). The division, which sits at Cape Town, consists of 31 judges led by Judge President John Hlophe. History The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cape of Good Hope Provincial Division of the new Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1995 In Case Law
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is bombed by domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Kobe earthquake rect 400 0 600 200 Unabomber Manifesto rect 0 200 300 400 Oklahoma City bombing rect 300 200 600 400 Srebrenica massacre rect 0 400 200 600 Space Shuttle Atlanti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1995 In South African Law
File:1995 Events Collage V2.png, From left, clockwise: O.J. Simpson is acquitted of the murders of Nicole Brown Simpson and Ronald Goldman from the year prior in "The Trial of the Century" in the United States; The Great Hanshin earthquake strikes Kobe, Japan, killing 5,000-6,000 people; The Unabomber Manifesto is published in several U.S. newspapers; Gravestones mark the victims of the Srebrenica massacre near the end of the Bosnian War; Windows 95 is launched by Microsoft for PC; The first exoplanet, 51 Pegasi b, is discovered; Space Shuttle Atlantis docks with the Space station Mir in a display of U.S.-Russian cooperation; The Alfred P. Murrah Federal Building in Oklahoma City is bombed by domestic terrorists, killing 168., 300x300px, thumb rect 0 0 200 200 O. J. Simpson murder case rect 200 0 400 200 Kobe earthquake rect 400 0 600 200 Unabomber Manifesto rect 0 200 300 400 Oklahoma City bombing rect 300 200 600 400 Srebrenica massacre rect 0 400 200 600 Space Shutt ... [...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] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abolition Of Corporal Punishment Act, 1997
The Abolition of Corporal Punishment Act, 1997 (Act No. 33 of 1997) is an act of the Parliament of South Africa that abolished judicial corporal punishment. It followed the Constitutional Court's 1995 decision in the case of '' S v Williams and Others'' that caning of juveniles was unconstitutional. Although the ruling in ''S v Williams'' was limited to the corporal punishment of males under the age of 21, Justice Langa mentioned in ''dicta'' that there was a consensus that corporal punishment of adults was also unconstitutional. The act contains two substantive sections. The first provides that "any law which authorises corporal punishment by a court of law, including a court of traditional leaders," is repealed to the extent that it authorises such a punishment. The second makes specific textual amendments various statutes, including the Black Administration Act, the Magistrates' Courts Act and the Criminal Procedure Act Criminal Procedure Act (with its variations) is a stock ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Dignity
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable rights. The term may also be used to describe personal conduct, as in "behaving with dignity". Etymology The English word "dignity", attested from the early 13th century, comes from Latin ''dignitas'' (worthiness) by way of French ''dignité''. Modern use English-speakers often use the word "dignity" in proscriptive and cautionary ways: for example, in politics it can be used to critique the treatment of oppressed and vulnerable groups and peoples, but it has also been applied to cultures and sub-cultures, to religious beliefs and ideals, and even to animals used for food or research. "Dignity" also has descriptive meanings pertaining to the ''worth'' of human beings. In general, the term has various functions and meanings depe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interim Constitution Of South Africa
The Interim Constitution was the fundamental law of South Africa from the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of the abolition of apartheid. It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review. History An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caning
Caning is a form of corporal punishment consisting of a number of hits (known as "strokes" or "cuts") with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks (see spanking) or hands (on the palm). Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet (foot whipping or bastinado). The size and flexibility of the cane and the mode of application, as well as the number of the strokes, vary greatly—from a couple of light strokes with a small cane across the seat of a junior schoolboy's trousers, to up to 24 very hard, wounding cuts on the bare buttocks with a large, heavy, soaked rattan as a judicial punishment in some Southeast Asian countries. Flagellation was so common in England as punishment that caning, along with spanking and whipping, are called "the English vice". Caning can also be done consensually as a part of BDSM. The thin cane generally used for corporal pun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Corporal Punishment
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
