Archive for the ‘Criminal Law’ Category

It is necessary to note that the legal position relating to arrest is unaffected by COVID-19 regulations. The Disaster Management Act does not suspend or restrict any right in the Constitution – all of which has been given expression to under the Criminal Procedure Act (51 of 1977 – the “CPA”) as interpreted by our Courts. This could be different if a state of emergency was or is declared (see section 37 of the Constitution). But no state of emergency has been declared – so that ordinary rights and laws regarding arrests prevail.

Reckless Ignorance of Law

Posted: 24th May 2020 by James Grant in COVID, COVID-19, Criminal Law, Regulations, Virus
Tags: , ,

No person may be compelled to given an explanation to a police officer as to any circumstance in which she or he is found without infringing that person’s right to silence.

Section 189 of the Criminal Procedure Act provides that a witness may avoid giving evidence or postpone when he or she gives evidence if s/he is able to present a ‘just excuse’. Similarly, section 6 of the Commissions Act, allows a witness to avoid giving evidence or postpone when he or she gives evidence by […]

Of Grace and Immunity

Posted: 17th Aug 2017 by James Grant in Criminal Law
Tags:
Comments Off on Of Grace and Immunity

Grace Mugabe’s only possible claim to diplomatic immunity is to the immunity of a special envoy or representative of another state. This is recognised under s 4 (2) of the Diplomatic Immunities and Privileges Act 37 Of 2001 (the”Act”), as follows: “A special envoy or representative from another state, government or organisation is immune from […]

Police’s limited licence to kill

Posted: 7th Apr 2017 by James Grant in Criminal Law, Education, Zuma

The extent of force permitted in effecting and arrest is different to the extent of force permitted in private defence. An arrest serves one legitimate purpose only: to secure attendance of a suspect at court to answer to a charge. The purpose of the right to use force in private defence is to protect person […]

Police's limited licence to kill

Posted: 7th Apr 2017 by James Grant in Criminal Law, Education, Zuma

The extent of force permitted in effecting and arrest is different to the extent of force permitted in private defence. An arrest serves one legitimate purpose only: to secure attendance of a suspect at court to answer to a charge. The purpose of the right to use force in private defence is to protect person […]

Introduction In the early hours of Friday morning, 31 March 2017, following a meeting with senior ANC officials, President Jacob Zuma announced that he had decided to reshuffle his cabinet. The reasons he gave were that the reshuffle was for effectiveness and efficiency and to draw younger people and women into the cabinet. Amongst those […]