Defamation: What are the requirements?
The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation must do so in terms of […]
What are the boundaries of private defence (self-defence)?
Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, whether it be defending yourself against bullies in school or elsewhere later in life. In South African law, though, the issue of private defence is still a contentious matter. […]
South Africa’s New Zero-tolerance Drunk Driving Law
During March 2020, the South African Cabinet approved the National Road Traffic Amendment Bill (“the Bill”) for submission to Parliament. The Bill proposes amendments to the National Road Traffic Act 93 of 1996 (“the Act”). The most prominent amendment to the Act is the change of the alcohol level limit of drivers in South Africa […]
Are Opinions Admissible in Court?
In general, the admissibility of evidence is dependent on whether the evidence is relevant to a fact in issue in the case. In DPP v Kilbourne the court held that evidence is relevant if it is logically probative or disapprobative of some matter which requires proof. The principle of relevance that governs admissibility is based on practical considerations such […]
A Brief Overview of Parole in South Africa
Bob Hewitt a former South African tennis star, has recently made headlines again after his failed bid to be released on parole. Hewitt was initially granted parole, but Justice Minister Ronald Ramola ordered that the parole board’s decision be reviewed. Hewitt’s parole was subsequently set aside. Hewitt’s parole fiasco has put parole back into the […]