Notes
- Minister of Safety and Security v Xaba 2003 (2) SA 703 (D); [2003] 1 All SA 596 (D); 2003 (7) BCLR 754 (D)
 | This article relating to case law in South Africa is a stub. You can help Wikipedia by expanding it. |
In Minister of Safety and Security v Xaba 2003 (2) SA 703 (D); [2003] 1 All SA 596 (D); 2003 (7) BCLR 754 (D), an important case in South African criminal procedure, a bullet was lodged in Xaba's thigh. The Minister wanted to remove it, as the police believed that the bullet would connect X to the crime of a motor-vehicle hijacking.
The court held that section 12 of the Constitution, enshrining the right to dignity, would be unjustifiably infringed if it ordered such a removal.
The court further held that the word "search," when used in the context of the powers of search and seizure, does not include an operation under general anaesthetic. Even if it did, police could not delegate this power (or the right to use reasonable force in terms of section 27) to a doctor.
Furthermore, the court held that section 37(1)(c) does not intend to allow a police official to empower a medical practitioner to perform an operation; only limited surgery associated with the taking of a blood sample is allowed thereby.
| | This article relating to case law in South Africa is a stub. You can help Wikipedia by expanding it. |
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border control, immigration enforcement, and customs services in Canada.
The South Australia Police (SAPOL) is the police force of the Australian state of South Australia. It is an agency of the Government of South Australia within the South Australian Department of Justice. SAPOL is directed by the Commissioner of Police, who reports to the Minister for Police. As of 30 June 2017, South Australia Police had 4948 active sworn members, including 339 cadets in training and 132 protective services officers, as well as approximately 920 civilian staff operating across 28 metropolitan and 110 regional police stations.
Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others, [2005] ZACC 19, is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation. As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage.
The Internal Security Act (ISA) of Singapore is a statute that grants the executive power to enforce preventive detention, prevent subversion, suppress organized violence against persons and property, and do other things incidental to the internal security of Singapore. The present Act was originally enacted by the Parliament of Malaysia as the Internal Security Act 1960, and extended to Singapore on 16 September 1963 when Singapore was a state of the Federation of Malaysia.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
The Commando System was a mostly voluntary, part-time force of the South African Army, but in their role as local militia the units were often deployed in support of and under the authority of the South African Police.
Catherine "Kate" O'Regan is a former judge of the Constitutional Court of South Africa. From 2013 to 2014 she was a commissioner of the Khayelitsha Commission and is now the inaugural director of the Bonavero Institute of Human Rights at the University of Oxford.
The South African law of delict engages primarily with ‘the circumstances in which one person can claim compensation from another for harm that has been suffered’. JC Van der Walt and Rob Midgley define a delict ‘in general terms [...] as a civil wrong’, and more narrowly as ‘wrongful and blameworthy conduct which causes harm to a person’. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife ; (ii) parents, guardians and children; and (iii) relatives related through blood and affinity."
"As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history [...]. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it's a paradise, for judges a purgatory."
South African criminal law is the body of national law relating to crime in South Africa. In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted." Crime involves the infliction of harm against society. The function or object of criminal law is to provide a social mechanism with which to coerce members of society to abstain from conduct that is harmful to the interests of society.
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law.
Kruger v President of the Republic of South Africa and Others is an important case in South African law, heard in the Constitutional Court (CC) on 19 February 2008, with judgment handed down on 2 October. The judges were Langa CJ, O'Regan ADCJ, Madala J, Mokgoro J, Ngcobo J, Nkabinde J, Skweyiya J, Van Der Westhuizen J, Yacoob J, Jafta AJ and Kroon AJ. Counsel for the applicant was G. Budlender. There was no appearance for the first respondent, but Wim Trengrove SC appeared for the second and for the third respondent. The applicant's attorneys were Kruger & Co.; the State Attorney represented the second respondent, while the third respondent's attorneys were Brugmans Inc.
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law.
Coetzee v Government of the Republic of South Africa; Matiso and Others v Commanding Officer, Port Elizabeth Prison, and Others is an important case in South African law, with an especial bearing on civil procedure and constitutional law. It concerned the constitutional validity of certain provisions of the Magistrates' Courts Act. It was heard, March 6, 1995, in the Constitutional Court by Chaskalson P, Mahomed DP, Ackermann J, Didcott J, Kentridge AJ, Kriegler J, Langa J, Madala J, Mokgoro J, O'Regan J and Sachs J. They delivered judgment on September 22. The applicant's attorneys were the Legal Resources Centres of Cape Town, Port Elizabeth and Johannesburg. Attorneys for the first and second respondents in the Coetzee application were the State Attorneys of Cape Town and Johannesburg, and Du Plessis & Eksteen for the Association of Law Societies. IMS Navsa SC appeared for the applicants in both matters, D. Potgieter for the first and second respondents in the Coetzee matter, and JC du Plessis for the Association of Law Societies.
K v Minister of Safety and Security is an important case in the South African law of delict and South African constitutional law. It was heard by the Constitutional Court on May 10, 2005, with judgment handed down on June 13. Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, O'Regan J, Sachs J, Skweyiya J, Van der Westhuizen J and Yacoob J presided. W. Trengove SC appeared for the applicant; PF Louw SC appeared for the respondent. The applicant's counsel was instructed by the Women's Legal Centre, Cape Town. The respondent's attorney was the State Attorney, Johannesburg.
Minister of Safety and Security v Luiters is an important case in the South African law of delict. It was heard in the Supreme Court of Appeal (SCA) on March 7, 2006, with judgment delivered on March 17. Mpati DP, Farlam JA, Navsa JA, Cloete JA and Van Heerden JA presided. RT Williams SC appeared for the appellant and HM Raubenheimer SC for the respondent. The appellant's attorneys were the State Attorneys, Cape Town and Bloemfontein. The respondent's attorneys were Smith & De Jongh, Bellville; Milton de la Harpe, Cape Town; and Honey Attorneys, Bloemfontein. The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected.
Minister of Safety and Security v Luiters, an important case in the South African law of delict, was heard in the Constitutional Court on August 17, 2006. Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, Nkabinde J, O'Regan J, Sachs J, Van Der Westhuizen J, Yacoob J and Kondile AJ presided, handing down judgment on November 30. W. Trengove SC and RT Williams SC appeared for the applicant, and HP Viljoen SC and HM Raubenheimer SC for the respondent. The State Attorneys, Cape Town, represented the applicant; the respondent's attorneys were Smith & De Jongh, Bellville.
Murray v Minister of Defence is an important case in South African labour law. An appeal from a decision in the Cape Provincial Division by Yekiso J, it was heard in the Supreme Court of Appeal (SCA) on 18 February 2008. Mpati DP, Cameron JA, Mlambo JA, Combrinck JA and Cachalia JA presided, handing down judgment on 31 March. Counsel for the appellant was KPCO von Lieres und Wilkau SC ; NJ Treurnicht SC appeared for the respondent. The appellant's attorneys were Van der Spuy Attorneys, Cape Town, and Hill McHardy & Herbst Ing, Bloemfontein. The respondent was represented by the State Attorney, Cape Town, and the State Attorney, Bloemfontein.
Peterson v Minister of Safety and Security is an important case in South African criminal law. For the appellant appeared J Whitehead SC, instructed by JL Martinson & Company, Cape Town; for the respondents, A Schippers SC and S O'Brien, instructed by the State Attorney, Cape Town.
In Phato v Attorney-General, Eastern Cape & Another; Commissioner of the South African Police Services v Attorney-General, Eastern Cape & Others, in two applications, which were combined for the purposes of the judgment, the issue was the right of an accused to access to the police docket relating to the accused's impending trial in a magistrate's court on a charge under the Witchcraft Suppression Act 3 of 1957.