Southern African Legal Information Institute
@saflii
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The Southern African Legal Information Institute (SAFLII) is an open-access source of legal information from South Africa.
Cape Town, South Africa
Joined November 2009
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SAFLII is a member of the Free Access to Law movement and is committed to publishing all judgments provided by the courts online. Please let us know if we are missing one. We are grateful to all the legal practitioners and court officials who help us source judgments every day.
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ConCourt: High Court materially misdirected itself when ordering Busisiwe Mkhwebane to pay costs in her personal capacity. Held: "the Public Protector is a constitutional servant, like the courts, and her Office should be afforded respect. Full judgment:
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Today marks the retirement of Justice Edwin Cameron, who has brought a unique mix of legal skill, courage and warm-heartedness to the judiciary, with an unwavering devotion to the advancement of rights and freedoms for all. May your retirement be spent in peace, love and joy.
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Congratulations to Adv Tembeka Ngcukaitobi on this great achievement! 👏🏾 May you continue to go from strength to strength and to inspire all of SA's law students and young lawyers through your excellent example.
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NEWS: You can now find heads of argument on SAFLII! To make your research and drafting easier and more convenient than ever, SAFLII has uploaded heads of argument for Constitutional Court cases from 2016 to the present. Check it out!
#BeInformed
#Litigation
#OpenAccess
#FreeLaw
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The South African Legal Practice Council v Teffo (10991/21) [2022] ZAGPPHC 666 (16 September 2022) . We have uploaded the PDF so long, you can find it here
@Tina_Hokwana
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Congratulations to
@ThuliMadonsela3
on the award of another honorary doctorate! You are a source of pride and inspiration to all of us.
#thulimadonsela
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North Gauteng HC: Regulations promulgated by Minister Nkosazana Dlamini-Zuma are declared unconstitutional and invalid. Declaration of invalidity suspended until Government has reviewed, amended and republished the regulations. Full judgment:
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Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18 (29 June 2021) ...found here...
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SCA: Masindi Clementine Mphephu's appeal succeeds. The decision to recognise her uncle, Toni Mphephu-Ramabulana, as King of
#Vhavenda
is unconstitional in that it's based on criteria that promote gender discrimination. Full judgment and summary:
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Woolworths (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JA90/22) [2024] ZALAC 29
👉:
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Vodacom (Pty) Ltd v Makate and Another (401/2022) [2024] ZASCA 14
Summary: Interpretation of the order of the Constitutional Court – assessment of equitable compensation in a ‘special contract’ – test for reviewability of determination…
👉:
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Tomorrow, the ConCourt will decide on whether or not to decriminalise
#Cannabis
use in SA. Last year, the Cape HC held that the prohibition on
#cannabis
by adults in private homes is unconstitutional. You can check it out on SAFLII for free:
#BeInformed
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Justice Johan Froneman, one of the most highly respected judges on the Constitutional Court and a key contributor to our constitutional jurisprudence, began his retirement this month. SAFLII wishes Justice Froneman a wonderful retirement filled with love, joy and prosperity.
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‘Read the verbatim record of the ICJ proceedings held on 11/01/2024 and all statements on SAFLII’
👉:
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Raymond Zondo DCJ: The order of declaration of constitutional invalidity in relation to legislative provisions controlling the possession, use and cultivation of cannabis is unanimously CONFIRMED
#ConstitutionalCourt
#Dagga
#Cannabis
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Read the SA application to the ICJ here: (Proceedings instituted by South Africa against the State of Israel on 29 December 2023)
👉:
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CC: The right to privacy is not confined to a home or private dwelling; the right goes beyond the boundaries of a home, but this court emphasises that only the use of
#cannabis
in private is the focus of its judgment.
#ConstitutionalCourt
#Dagga
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Land Claims Court: Acting Judge Tembeka Ngcukaitobi held that former Minister of Rural Development and Land Reform, Maite Nkoana-Mashabane, violated a 2018 court order in breach of s 165 of the Constitution. Judgment:
#BeInformed
#DistrictSix
#LandReform
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Mohuba v University of Limpopo (730/2022) [2023] ZASCA 139
Summary: Whether the relationship between a university and a student is contractual or administrative in nature – refusal by a university to confer a degree on a student…
👉:
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LLB and LLM students: would you like to see more legal technology and innovation modules in your courses?
#LegalTechFest
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SCA: After winning the lottery, the winner sent a WhatsApp message to the mother of one of his children stating ‘if I get 20m I can give all my children 1 m and remain with 13m.' Issue: does the message constitute an offer animo contrahendi? Full judgment:
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Thank you to Justice Bess Nkabinde for her many years of hard work and dedication to the Constitution and the upliftment of the people of South Africa. Her legacy stands as a beacon of inspiration for young women in the legal profession.
#JudgesMatter
#AfricanWomen
#ConCourt
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Which case do you think every LLB student should know?
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NEWS: Justice Sisi Khampepe has been appointed as Acting Chief Justice.
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Well done to all the law students who have slayed this year!✨
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SAFLII publishes ALL judgments sent to us from the courts. We don't reject judgments based on reportability or other criteria. If it's not on SAFLII, it's likely that we didn't receive the judgment. Please email us if you know of a judgment or have a copy of it to info
@saflii
.org
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WCHC: Section 1(1) of the Intestate Succession Act is unconstitutional and invalid insofar as it excludes the surviving life partner in a permanent opposite-sex life partnership from inheriting in terms of this Act. Full judgment:
#BeInformed
#Constitution
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In case you haven't heard, we have great news, fam: Constitutional Law of South Africa (CLoSA) is available for free download online! 🙌🏾 Check it out:
#FreeLawAfrica
#SouthAfricanLaw
#ConstitutionalLaw
#OpenAccess
#FALM
#EarlyChristmasPresent
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BREAKING: The Supreme Court of Appeal increases Oscar Pistorius's prison sentence to 13 years and 5 months
#oscarpistorius
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AfriForum v Economic Freedom Fighters and Others (1105/2022) [2024] ZASCA 82
Summary: Equality – Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 – s 10(1) – prohibition of hate speech – res judicata –issue estoppel…
👉:
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For all the law students who are on their way home for the holidays.
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African National Congress v Umkhonto Wesizwe Party and Another (D153/2024) [2024] ZAKZDHC 13
👉:
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If you don't have a will or need a new will, we have great news for you: Next week is National Wills Week! From 26-30 October, you can have a valid, high-quality will drafted by a professional attorney FREE of charge! More details:
#NationalWillsWeek2020
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Mojapelo J: gratuitous display of the flag demonstrates a clear intention to be hurtful and promote and propagate hatred, contravenes s 10(1) of the Equality Act and constitutes hate speech.
#Apartheidflag
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Congratulations Chief Justice Maya.
From the SAFLII team
PRESIDENT RAMAPHOSA APPOINTS JUSTICE MANDISA MAYA AS CHIEF JUSTICE
President
@CyrilRamaphosa
has, in terms of Section 174(3) of the Constitution of the Republic of South Africa, 1996, appointed current Deputy Chief Justice Mandisa Maya as Chief Justice of the Republic of South
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This month, SAFLII is profiling young South Africans who are making great things happen in the legal field.
#YouthMonth2019
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SAFLII supports the acknowledgement and eradication of racism and police brutality, wherever and whenever in the world it takes place. May all those who seek justice find it.
#BlackLivesMatter
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#FlashbackFriday
What happens when an accused has a bullet lodged in his leg which is the only evidence linking him to a murder, but refuses to allow it to be removed? Refresh your memory of this strange South African case:
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SAFLII will be fully operational and will continue to update all databases during the national lockdown. We wish everyone good health during this time. Stay safe!
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Some people in Mzansi think they can learn law from watching TV 😅
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Ntshongwana v S (1304/2021) [2023] ZASCA 156
Summary: Criminal law – defence of pathological incapacity – ss 78(1A) and 78(1B) of the Criminal Procedure Act 51 of 1977…
👉:
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NEWS: North Gauteng High Court sets aside
#PublicProtector
Busisiwe Mkhwebane's report into President Cyril
#Ramaphosa
. We are working on getting our hands on the full judgment and will share it as soon as possible. Watch this space.
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Khumalo v Independent Electoral Commission of South Africa (0025/24EC) [2024] ZAEC 20
Summary: Administrative law – legality review – points in limine – whether the Electoral Court’s jurisdiction in terms of s 20 (1) of the Electoral…
👉:
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The people have spoken! SAFLII is hereby calling on all litigants and registrars to email Rule 16A notices to info
@saflii
.org, for posting on our site. Help us enhance access to justice and information for all. Retweet and share, far and wide!
#Helpushelpyou
#AccesstoJustice
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Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/22) [2023] ZASCA 112
Summary: Civil procedure – Legal Practice Act 28 of 2014 – whether financial misconduct of one director…
👉:
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“For now I ask no more than the justice of eating.”
Pablo Neruda
Pretoria HC: All qualifying learners, whether or not they have resumed classes, are entitled to a daily meal as provided under the National School Nutrition Programme (NSNP).
Full judgment:
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Rest assured SAFLII doesn't discriminate and publishes every single judgment that is sent to us by the courts. If there isn't a judgment online, it is most likely we haven't received it as yet from that court. Please alert us to missing cases info
@saflii
.org
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SAFLII is happy to introduce a new database for the Special Tribunal, established in terms of Special Investigating Unit (SIU) and Special Tribunal Act 74 of 1996.
Check out the latest Special Tribunal Judgments here:
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After a magistrate let an attorney who had appeared before him rewrite his judgment, it was set aside last week in the Mthatha High Court. The judges called this misconduct "unprecedented in the annals of the judiciary in this country". Full judgment:
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Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90
Summary: Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk – plaintiff could…
👉:
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Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others (0015/2024EC) [2024] ZAEC 5
Summary: Appeal against the Electoral Commission’s decision upholding the objection lodged in terms of s 30 of the…
👉:
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This month, SAFLII is profiling young South Africans who are making great things happen in the legal field.
#YouthMonth2019
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SAFLII extends its heartfelt condolences to the many friends, family and colleagues of veteran human rights lawyer George Bizos. May his passion for liberation and unwavering dedication to justice live on in all of us. Hamba kahle, baba.
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SCA: civil marriage to third party does not invalidate an earlier customary marriage. Claim for forfeiture of benefits can only be made by one party to a marriage against the other in divorce proceedings - an outsider cannot claim that relief.
#FamilyLaw
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The North Gauteng High Court has suspended the
#PublicProtector
's remedial action, including investigations into the conduct of
#PravinGordhan
. Full judgment:
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Cape Town HC: City of Cape Town and Western Cape gov failed to carry out constitutional and legislative obligations to address apartheid spatial planning in Cape Town. Sale of Tafelberg site set aside. Full judgment:
#BeInformed
#CapeTown
#Tafelberg
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South African Legal Practice Council v Teffo (10991/2021) [2023] ZAGPPHC 1794
👉:
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Magudumana v Director of Public Prosecutions, Free State and Others (2484/2023) [2023] ZAFSHC 223
👉:
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SAFLII extends heartfelt condolences to the Sigogo family. We are shocked and extremely saddened to hear of his passing. We will never forget your support and advocating for free access to law in SA. Go well brother.
@CouncilPractice
@BLA_GAUTENG
@LSSALPB
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Director of Public Prosecutions, Eastern Cape, Makhanda v Coko (248/2022) [2024] ZASCA 59
Summary: Criminal law and procedure – rape – consent to an act of sexual penetration – nature of consent – appeal by Director of Public Prosecutions against…
👉:
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Deputy Chief Justice Zondo's judgment in the recusal application brought by Former President Jacob Zuma in the State Capture Commission is now available on SAFLII:
#ZondoCommission
#Zondorecusal
#ZumavsZondo
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Read the full judgment, in isiXhosa and English, on SAFLII:
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CC: When a labour broker contracts an employee to a client for more than 3 months, the employee is no longer an employee of the labour broker and is solely employed by the client. Full judgment and summary: …
#LabourBrokers
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When memory fails, you can use our keyword search to find those judgments that are right on the tip of your tongue.
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Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others (CCT 97/24) [2024] ZACC 6
Summary:[Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias]…
👉:
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Van Rooyen N.O and Another v Mokwena N.O and Another (3797/2022) [2022] ZALMPPHC 43
Keywords: Hearsay evidence
👉:
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Over the next few weeks SAFLII will gradually be introducing it's new website to our users. Don't be alarmed when you see these new pages and think it's a hoax site. It's still SAFLII
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WCHC: Housebreaking and further offences - this judgment examines a failure in case law and textbooks to make a distinction between a charge and an offence, leading to offenders being sentenced twice in respect of a single criminal action. Full judgment
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Critical reading for lawyers!👇🏽This judgment explains the directives that regulate the legal profession, and their appearance in the country’s courts, during the
#lockdown
, and the consequences for attorneys who contravene them.
#Covid19
#LawyersMatter
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Pretoria HC: Application by
#FITA
regarding the
#CigaretteBan
is dismissed in Fair-Trade Independent Tobacco Association v President of the Republic of South Africa. Full judgment:
#Covid19SA
#SmokingBan
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Today's ConCourt judgment: constitutionality of s 1(xix)(v) of COIDA, which expressly excludes domestic workers from the definition of an “employee”, thus denying them the social security benefits provided by COIDA.
#BeInformed
#WorkersRights
#OpenAccess
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We have been a bit quiet on social media recently, because we have been working hard behind the scenes to bring you more! Have a look at this page . You can find Uniform Rules amongst many other useful documents here.
@LawSociety_SA
@CouncilPractice
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This month, SAFLII will be profiling young South Africans who are making great things happen in the legal field.
#YouthMonth2019
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This month, SAFLII is profiling young South Africans who are making great things happen in the legal field.
#YouthMonth2019
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Minister of Police v Sabisa and Another (725/2023) [2024] ZASCA 105
Summary: Delict – unlawful arrest and detention – Criminal Procedure Act 51 of 1977 (the Act) – execution of arrest with a warrant must comply with s 39(2) of the Act ...
👉:
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Pillay v S (451/2022) [2023] ZASCA 113
Summary: Evidence – assessment of evidence of a single witness – cautionary rules…
👉:
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The Supreme Court of Appeal delivered a judgment today which concerns the actio de pauperie, and whether the defence should be extended to include negligence of a third party not in control of the animal.
#BeInformed
#OpenAccess
#Delict
#RomanDutchLaw
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The Durban High Court has held that section 21(2)(a) of the Matrimonial Property Act 88 of 1984 (MPA) is unconstitutional, in that it perpetuates the discrimination created by s 22(6) of the Black Administration Act (BAA). Full judgment:
#FamilyLaw
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Joburg HC: Section 4(b) of the Drugs and Drug Trafficking Act 140 of 1992 is inconsistent with the Constitution and invalid to the extent that it criminalises the use and/or possession of cannabis by a child. Full judgment:
#Dagga
#Constitution
#Children
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KeyHealth Medical Scheme v Ngoepe N.O and Others (A203/2021) [2022] ZAGPPHC 758
👉:
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Hlape v Minister of Police (426/2023) [2024] ZASCA 68
Summary: Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable to compensate appellant for his arrest and…
👉:
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University of South Africa v Socikwa and Others (J 675/23; J 680/23) [2023] ZALCJHB 172
Summary: Absolutely hopeless urgent applications to stay writs of execution…
👉:
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The SCA has handed down an important decision regarding the so-called agreement to agree, and the argument that an agreement to agree without a deadlock-breaking mechanism is not enforceable.
Full judgment:
#BeInformed
#OpenAccess
#FreeLawAfrica
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King Price Insurance Company Limited v Mhlongo (1016/2022) [2023] ZASCA 152
Summary: Civil procedure – claim under insurance policy arising from motor vehicle collision – market value pleaded – evidence led on shortfall of amount owed to…
👉:
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We wish to extend our thanks to Prof
@JamesGrantZA
for allowing us to upload his brand new book, Critical Criminal Law, to our site so that our users can access it - free of charge! Check it out:
#BeInformed
#OpenAccess
#FreeLawAfrica
#CriminalLaw
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SA Broadcasting Corporation (SOC) Ltd and Another v Motsoeneng and Others (A2022/046784) [2024] ZAGPJHC 688
Summary: The majority (Wilson J, with whom Mudau J agrees) holds that a debt to the state arising from an unlawful administrative act…
👉:
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Cape Town HC: Application for a declaration that the establishment and existence of the National Coronavirus Command Council is unconstitutional and inconsistent with the Disaster Management Act, and is invalid: dismissed. Full judgment:
#NCC
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What is dolus eventualis? In Humphreys v S, the SCA explained whether Humphreys had the necessary intent for murder after he drove a minibus full of kids over a railway crossing, resulting in a collision and 10 fatal injuries.
#FridayFlashback
#BeInformed
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The full judgment given today by the Constitutional Court, in Minister of Justice and Constitutional Development and Others v Prince, as well as summaries, are now available on SAFLII for free:
#BeInformed
#Cannabis
#Dagga
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