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Tshabalala V S; Ntuli V S
''Tshabalala v S; Ntuli v S'' is a decision of the Constitutional Court of South Africa which established that the doctrine of common purpose is applicable to the common law crime of rape. It was heard on 22 August 2019 and decided on 11 December 2019. In a unanimous decision written by Acting Justice Rammaka Mathopo, the court dismissed the appeal of applicants, who were convicted of rape in a gang rape situation without having entered into sexual contact with the victims. Background On 20 September 1998, a group of young men raped eight women in the Umthambeka section of the township of Tembisa in Gauteng. Members of the group were brought to trial in the High Court of South Africa on 13 August 1999 and were convicted of various charges, including seven counts of common law rape. Seven of the eight rape counts were imposed on the basis of the doctrine of common purpose: although some of the defendants had not penetrated the raped women, but had instead stood as look-outs, ... [...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] |
Tembisa
Thembisa, formerly Tembisa (Dindela), is a large township situated to the north of Kempton Park on the East Rand, Gauteng, South Africa. It was established in 1957 when black people were resettled from Alexandra and other areas in Edenvale, Kempton Park, Midrand and Germiston. History The township was founded in 1957. After the Afrikaner-dominated National Party gained power in 1948 and began to implement apartheid, the pace of forced removals and the creation of townships outside legally designated white areas increased. The Johannesburg council established new townships for black people evicted from the city's freehold areas. In 1956, townships were laid out for particular ethnic groups as part of the state's strategy to sift black people into groupings that would later form the building blocks of the so-called "independent homelands". It is the second largest township in Gauteng, following Soweto. In 1977 the government initiated the Community Councils and in 1982 upgra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Premeditated
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of murder, even in cases where the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Criminal Enterprise
Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999. For example, "if three people commit a bank robbery and one fatally shoots a person in the process, the law considers all guilty of murder". The concept of "collective liability" where more than one person can share liability and punishment for the actions of another person is not universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Centre For Applied Legal Studies
Center or centre may refer to: Mathematics *Center (geometry), the middle of an object * Center (algebra), used in various contexts ** Center (group theory) ** Center (ring theory) * Graph center, the set of all vertices of minimum eccentricity Places United States * Centre, Alabama * Center, Colorado * Center, Georgia * Center, Indiana * Center, Jay County, Indiana * Center, Warrick County, Indiana * Center, Kentucky * Center, Missouri * Center, Nebraska * Center, North Dakota * Centre County, Pennsylvania * Center, Portland, Oregon * Center, Texas * Center, Washington * Center, Outagamie County, Wisconsin * Center, Rock County, Wisconsin **Center (community), Wisconsin *Center Township (other) *Centre Township (other) *Centre Avenue (other) *Center Hill (other) Other countries * Centre region, Hainaut, Belgium * Centre Region, Burkina Faso * Centre Region (Cameroon) * Centre-Val de Loire, formerly Centre, France * Centre (depa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commission For Gender Equality
The Commission for Gender Equality (CGE) is an independent chapter nine institution in South Africa. It draws its mandate from the South African Constitution by way of the Commission for Gender Equality Act of 1996. Vision and mission The vision of the CGE is "a society free from gender oppression and inequality". Its mission is to "advance, promote and protect gender equality in South Africa through undertaking research, public education, policy development, legislative initiatives, effective monitoring and litigation". Commissioners Nine commissioners were appointed by the South African President Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-apart ... for various terms of office commencing 1 June 2012. Mr Mfanozelwe Shozi, Ms Thoko Mpumlwana, Ms Janine Hicks, Ms Sylvia Desir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a Party (law), party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canadian law, Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Penetration
Sexual penetration is the insertion of a body part or other object into a body orifice, such as the mouth, vagina or anus, as part of human sexual activity or animal sexual behavior. The term is most commonly used in statute law in the context of proscribing certain sexual activities. Terms such as " sexual intercourse" or "carnal knowledge" are more commonly found in older statutes, while many modern criminal statutes use the term "sexual penetration" because it is a broad term encompassing (unless otherwise qualified) any form of penetrative sexual activity, including digital (i.e., the fingers) or with an object, and may involve only the most minimal penetration. Some jurisdictions refer to some forms of penetration as "acts of indecency", or other terminology. Definitions When a penis is inserted into a vagina, it is generally called vaginal sex, vaginal intercourse, or penis-in-vagina (PIV) sex. When a penis penetrates another person's anus, it is called anal sex or a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Among the ty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law. Traditionally, common law legal systems have separate definitions for assault and battery. When this distinction is observed, battery refers to the actual bodily contact, whereas assault refers to a credible threat or attempt to cause battery. Some jurisdictions combined the two offences into a single crime called "assault and battery", which then became widely referred to as "assault". The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from batt ... [...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] |
S V Thebus
''S v Thebus and Another'' is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure. The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis. However, the court was also called to determine whether it is compatible with the constitutional right to silence for courts to draw an adverse inference from a criminal defendant's failure to disclose an alibi before trial. On that further question, the court was divided. Background The case emanated from a gunfight in Ocean View, a township in Cape Town, on 14 November 1998. Earlier that day, a group of residents, described variously as a vigilante or as protestors, had driven in a motorcade through the township; they allegedly attacked the houses of several individuals whom they suspected of drug dealing, including Grant Cronje. Encountering the motorcade at an intersection, Cronje o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
