Archive for the ‘Education’ 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.

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 […]

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 […]

There is some suggestion that charges of crimen injuria for the racist insults of Penny Sparrow (and others) cannot attract liability in criminal law in SA because crimen injuria requires the relevant insult to be directed at an individual rather than a group. Crimen injuria is defined as the intentional unlawful impairment of the dignity […]

Marikana: the missing links

Posted: 4th Jul 2015 by James Grant in Education
Tags: , , ,

The recommendation of the Farlam commission that some police members can only be charged with attempted murder because it could not be proved which officers had shot which miner is, on the law as it stands, wrong. It is important to extract the facts that this recommendation appears to concede: that these officers unlawfully fired […]

*** This is a revised and substantially expanded version of the post “Unsuccessful attempts to Justify Judge Masipa’s Errors”. It is organised around themes rather than individual commentators. *** Introduction There is something deeply disturbing about many of the attempts that have been made to justify Judge Masipa’s judgment in the Pistorius case. They seem […]

*** This is a revised and substantially expanded version of the post “Unsuccessful attempts to Justify Judge Masipa’s Errors”. It is organised around themes rather than individual commentators. *** Introduction There is something deeply disturbing about many of the attempts that have been made to justify Judge Masipa’s judgment in the Pistorius case. They seem […]

Comments Off on Unsuccessful Attempts to Justify Judge Masipa’s Errors (Revised & Expanded)

*** This is a revised and substantially expanded version of the post “Unsuccessful attempts to Justify Judge Masipa’s Errors”. It is organised around themes rather than individual commentators. *** Introduction There is something deeply disturbing about many of the attempts that have been made to justify Judge Masipa’s judgment in the Pistorius case. They seem […]