IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN

Size: px
Start display at page:

Download "IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN"

Transcription

1 IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN 10 15/12/2010 CA & R : 306/ Date Heard: Date Delivered:21/12/10 In the matter between: RACHEL HARDEN 1 ST APPELLANT LUNGISWA TATAYI 2 ND APPELLANT NOMHLE BUDAZA 3 RD APPELLANT Versus THE STATE RESPONDENT JUDGMENT SMITH J: [1] The appellants, together with two other accused, have been charged in the East London Regional Court with 117 counts of credit card fraud and 3 further counts relating to transgressions of the Electronic Communications and Transactions Act, no 25 of The latter charges relate to the alleged possession and use of socalled "skimming" devises to gain access to credit and debit card

2 2 data and to unlawfully duplicate the cards. It is alleged that the appellants and the other accused acted as a syndicate and in the furtherance of a common purpose. The appellants were refused bail by the magistrate and they have now appealed against that decision. [2] Section 65(4) of the Criminal Procedure Act, no 51 of 1977 ("the CPA") provides as follows: The court or judge hearing the appeal shall not set aside the decision against which the appeal is brought, unless such court or judge is satisfied that the decision was wrong, in which event the court or judge shall give the decision which in its or his opinion the lower court should have given. [3] The powers of a court sitting in an appeal in terms of the provisions of s. 65 of the CPA have been crystallised as follows through various authoritative pronouncements by our courts: 3.1 An appeal court shall not substitute its own decision for that of the court a quo, unless it is of the view that the magistrate has misdirected himself either in his evaluation of the facts or the application of the relevant legal principles; See S v Barber 1979 (4) SA 218 (D) 220E-H; 3.2 The appeal court will undertake its own analysis of the evidence and on the basis thereof decide whether or not the court a quo had made the correct decision regarding the discharge of the onus in terms of s. 60(11) of the CPA. See S v Porthen and Others 2004 (2) SACR 242 (C);

3 3 [4] It is common cause that the offences with which the appellants have been charged fall within the ambit of Schedule 5 to the CPA, the amount involved being in excess of R and it being alleged that they acted as a syndicate and in the furtherance of a common purpose. [5] S. 60(11)(b) of the CPA provides that an accused person charged with an offence referred to in schedule 5 shall be detained in custody unless the accused person adduces evidence which satisfies the court that the interest of justice permits his or her release. [6] In deciding whether or not the interest of justice permits the release of an accused on bail, the court must have regard to the considerations mentioned in paragraphs (a) to (e) of s. 60(4). In terms of that section the interest of justice would not permit the release of an accused person on bail if anyone of the grounds mentioned therein are established. They are: (a) (b) (c) (d) (e) Where there is the likelihood that the accused, if he or she were released on bail, will endanger the safety of the public or any particular person or will commit a schedule 1 offence; Where there is the likelihood that the accused, if he or she were released on bail, will attempt to evade his or her trial, or Where there is the likelihood that the accused, if he or she were released on bail, will attempt to influence or intimidate witnesses or conceal or destroy evidence; or Where there is the likelihood that the accused, if he or she were released on bail, will undermine or jeopardise the objectives of the proper functioning of the criminal justice system, including the bail system; Where in exceptional circumstances there is the likelihood that the release of the accused will disturb public order or undermine public

4 4 peace or security [7] Once the court has considered these broad considerations it must then do a final weighing up of factors for and against the granting of bail as contemplated in terms of ss. 60(9) and (10). See S v Dlamini S v Dladla and Others; S v Joubert; S v Schietekat 1999 (2) SACR 51 (CC) where Kriegler J held that these sections should be read as: requiring of a court hearing a bail application to do what courts had always had to do, namely to bring a reasoned and balanced judgment to bear in an evaluation, where the liberty of the individual and the interest of justice are given the full value according to the Constitution. [8] The appellants did not lead viva voca evidence and elected to place evidence before the court by way of affidavits. [9] The contents of these affidavits relate mainly to their places of abode, in the case of first and second appellants, that they are pregnant and contain the usual undertakings relating to interference with state witnesses and investigations and their intention to stand trial in due course. They also state that to the best of their knowledge they are not guilty of the offences with which they have been charged. [10] The state led the evidence of the investigating officer, Sandile Palaza and Robin Allan Webb who is an investigator for Nedbank. Palaza testified that he was in possession of video footage which

5 5 clearly shows the appellants and the other accused acting together as a syndicate in fitting and removing skimming devices to ATMs. There are also footage of the appellants comings and goings at different hotels in East London. Where they could not be identified through facial features they were identified by their clothing. He testified that the master mind of the syndicate one Radonski, a Bulgarian citizen, is still at large. He is the first appellant s boyfriend and she had informed him that she is pregnant with his child. Radosnki s entry visa had expired. He was also in possession of evidence which showed that the first appellant had transferred an amount of R to Bulgaria. [11] In respect of the second appellant he testified that she has no fixed address and that it would be difficult to trace her. He had found three passports in her possession. Accused no 5, one Anthony Uchena and another suspect one Tatayi who is the brother of the second appellant, had been arrested in Port Elizabeth on similar charges. He had instructed a colleague to visit the address provided by the second appellant and it transpired that she was not known at that address. There were apparently other tenants who occupied the premises and it appeared that it is a "boarding house". [12] All the accused were arrested at the same venue in Port Elizabeth. It was clear to him that they members of the same

6 6 syndicate. He also testified that he was in possession of cellular phone records which indicate that the appellants and the other accused, including those who had been charged in Port Elizabeth, have been communicating on a regular basis. [13] Regarding the first and second appellants' pregnancies, he testified that there were sufficient facilities to cater for inmates' pregnancies in prison and if need be they would be transferred to the Frere Hospital in the event that more intensive care is required. [14] Webb also testified that he had studied the video footage and confirmed that it clearly showed the appellants and the other accused working as a team when installing and removing the skimming devices and a camera. He testified comprehensively regarding the prevalence of these offences in the area and stated that more than 500 cards have been compromised by the skimming device. At present he had been able to determine that an amount of R had been defrauded from victims but it will in all probability eventually run into millions. [15] It appears from the magistrate's judgment that he had based his decision to refuse bail on the following findings: 15.1 The appellants were positively identified in video

7 7 footage showing them working in concert with the other accused and Radonski, who appears to be the mastermind of the syndicate, in installing and removing skimming devices at ATMs; 15.2 The state witnesses were not seriously challenged regarding their testimony on these issues and there has been "screaming silence" on the part of the appellants in this regard; 15.3 It has not been denied by the appellants that there is still equipment which has not been confiscated and which could be used to commit further crimes The master mind of the operation, namely Radonski, is still at large. He has a close relationship with the first appellant who is his girlfriend and is pregnant with his child There is also evidence to the effect that she had transferred an amount of R to Bulgaria, the country of his origin Having considered the factors mentioned in ss. 60(9) of the CPA he was, inter alia, of the view that: The appellants had only been in detention since 02 September 2010 and on the available evidence it did not appear that there would be an inordinate delay in commencing and concluding the trial as the prosecutor had stated that it would be fast tracked; That there were no obvious impediments for them

8 8 to prepare for their defence if they were to remain in custody; There were adequate facilities to cater for those appellants who are pregnant and that arrangements will be made for them to be transferred to a public hospital if for any reason the prison facilities should turn out to be inadequate. [16] Having considered all these factors and in particular in the light of the fact that a high tech instrument had not been retrieved, he was of the opinion that there was a likelihood that the appellants, acting together with the other suspects, will commit Schedule 1 offences if they are released on bail. [17] Mr Koekemoer, who appeared on behalf of the appellants, submitted that there is no substance in the Magistrates finding that there is likelihood that if the appellant are released on bail they will commit further Schedule 1 offences. He referred in particular to the fact that there appeared to be evidence that notwithstanding the fact that all three appellants had been in custody for some time, offences of a similar nature for which they have been charged continue to be committed by other perpetrators. I am of the view that this submission is without any merit. Mr Koekemoer was constrained to concede that the state has been able to establish a prima facie case against the appellant. The magistrate' finding regarding the likelihood of the commission of a Schedule 1 offence if

9 9 the appellant's were released on bail, was based on compelling evidence of close co-operation between the appellant's, the other accused and suspects ( some of whom who are still at large), acting with common purpose to commit Schedule 1 offences. [18] He submitted also that the magistrate has overemphasised the seriousness of the offences and failed to have regard to the presumption of innocence. I could find no indication in the magistrate's judgement of any such misdirection on his part. There is in my view no evidence that his findings regarding the likelihood of the commission of Schedule 1 offences was in any way influenced by undue weight having been accorded to the seriousness of the offences with which the appellants have been charged. [19] I am of the view therefore that the magistrates conclusion that there is likelihood that the appellants will commit a Schedule 1 offence if they are released on bail was based on sound reasoning and supported by the proven facts. There can be little doubt that the state was able to establish, at the very least, prima facie proof of the following: 19.1 That the appellants formed part of a syndicate that installed and removed skimming devices and cameras in ATMs with the purpose of unlawfully gaining access to credit and debit card data;

10 That the mastermind of the syndicate has not yet been arrested and that some of the equipment used by the syndicate to unlawfully duplicate credit and debit card have not yet been retrieved; 19.3 That the state was in possession of cellular phone records which indicate that the appellants and other accused, as well as other persons charged with similar offences in Port Elizabeth, have been in regular contact with one another. [20] In my view these proven facts, when considered as a whole, provided a rational basis for the magistrates finding that there was a likelihood that the appellants' release will result in the commission of a Schedule 1 offence. I cannot find any fault with the magistrate s reasoning in this regard. [21] In terms of s. 60(4) of the CPA, if any one of the grounds mentioned in that section is established, the interest of justice would not permit the release from detention of an accused. It is trite law that the onus was on the appellants to establish that their release on bail will not result in any of those consequences contemplated in s. 60(4). They have demonstrably failed to do so. Their affidavits contained the usual allegations which are invariably placed before court by bail applicants and there was no attempt to seriously challenge any of the state witnesses' testimonies. The one

11 11 distinguishing feature of their testimonies, namely the pregnancy of the first and second appellants, was given due consideration by the magistrate. Under these circumstances, and in the light of the compelling evidence put up by the state, the conclusion that their release will indeed compromise one or more of the considerations mentioned in s. 60(4) became ineluctable. [22] One of the grounds of appeal relied upon by the appellants was that the video footage had not been made available to their legal representatives to enable them to either admit or challenge the reliability thereof. Mr Koekemoer has made some cursory reference to this issue during the course of his argument and it was not clear whether or not the appellants still seriously relied on this ground. In so far as they do rely on it I have to state that in my view that there is also no merit in this submission. The appellants' legal representative did not request access to the video footage. Under these circumstances they can hardly claim that they have been refused access and only have themselves to blame. The facts of matter are also distinguishable from those in the case of S v Green 2006 (1) 603 SACR (SCA). In that matter the magistrate refused the application by the defence for the video footage to be shown in court. Farlam JA held that the magistrate should have realized that he did not have sufficient evidence before him to allow him to properly exercise his discretion and he should have invoked

12 12 s. 60(3) and ordered the state to allow the defence access to the video. The Appeal Court however made no order on the bail application. The matter was referred back the court a quo and the state was ordered to allow the defence access to the video. Apart from the fact that the defence in the instant matter did not apply for access to the video footage, there has also not been any serious challenge to the evidence adduced in this regard by Palaza and Webb. [23] In the result I am of the view that there is no basis on which I can find that the magistrates decision was wrong and the appeal must therefore fail. [24] In the result I make the following order: (a) The appeal is dismissed. J.E. SMITH JUDGE OF THE HIGH COURT Appearances Counsel for Appellants : Advocate Koekemoer Attorney for the Appellants : Whitesides Attorneys

13 13 High Street GRAHAMSTOWN 6140 Ref: Mr Basson Counsel for the Respondent : Advocate Sellem : DPP EAST LONDON 5200 Date Heard : 15 December 2010 Date Delivered : 21 December 2010

IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA. DAVID MBALEKI First Appellant. AFRICA MGQAMBI Second Appellant. THE STATE Respondent

IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA. DAVID MBALEKI First Appellant. AFRICA MGQAMBI Second Appellant. THE STATE Respondent IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA Case No: 2853/2011 In the matter between DAVID MBALEKI First Appellant AFRICA MGQAMBI Second Appellant versus THE STATE Respondent JUDGMENT

More information

IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley)

IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley) Reportable: Circulate to Judges: Circulate to Regional Magistrates: Circulate to Magistrates: YES / NO YES / NO YES / NO YES / NO IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley) Saakno

More information

Case No.: CA&R 23/2011 Date heard: 23 May 2012 Date delivered: 25 May 2012

Case No.: CA&R 23/2011 Date heard: 23 May 2012 Date delivered: 25 May 2012 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE PORT ELIZABETH ) Case No.: CA&R 23/2011 Date heard: 23 May 2012 Date delivered: 25 May 2012 In the matter between: JUSTIN NAJOE Applicant ANDRICO WILLIAMS

More information

JUDGMENT IN BAIL APPLICATION

JUDGMENT IN BAIL APPLICATION IN THE REGIONAL DIVISION OF GAUTENG HELD AT BENONI CASE NO SH 30/2010 THE STATE Versus DS Ngobese & Others JUDGMENT IN BAIL APPLICATION The applicants are Dennis Skhumbuzo Ngobese, a male aged 37 first

More information

JUDGEMENT. [1] This is an appeal against a decision by the Magistrate for the district

JUDGEMENT. [1] This is an appeal against a decision by the Magistrate for the district SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy Not Reportable IN THE HIGH COURT OF SOUTH AFRICA

More information

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. CA 107/2017 APPEAL JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. CA 107/2017 APPEAL JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO. CA 107/2017 In the matter between: NATASHA GOLIATH Appellant and THE MINISTER OF POLICE Respondent APPEAL JUDGMENT Bloem J

More information

THE MINISTER OF SAFETY & SECURITY THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS APPEAL JUDGMENT

THE MINISTER OF SAFETY & SECURITY THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS APPEAL JUDGMENT NOT REPORTABLE IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO: CA 107/2016 Date Heard: 10 March 2017 Date Delivered: 16 March 2017 In the matter between: THE MINISTER OF SAFETY

More information

REPUBLIC OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT, JOHANNESBURG

REPUBLIC OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT, JOHANNESBURG 1 REPUBLIC OF SOUTH AFRICA SOUTH GAUTENG HIGH COURT, JOHANNESBURG CASE NO: 41210/2010 DATE:19/07/2011 REPORTABLE REPORTABLE (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED......

More information

ARRESTS WITHOUT WARRANT: THE SCA BRINGS CLARITY

ARRESTS WITHOUT WARRANT: THE SCA BRINGS CLARITY CASES / VONNISSE 473 ARRESTS WITHOUT WARRANT: THE SCA BRINGS CLARITY Minister of Safety and Security v Sekhoto 2011 1 SACR 315 (SCA); [2011] 2 All SA 157 (SCA) 1 Introduction Section 40(1) of the Criminal

More information

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG J U D G M E N T

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG J U D G M E N T REPORTABLE IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA Case No. 8774/09 In the matter between: THULANI SIFISO MAZIBUKO AMBROSE SIMPHIWE CEBEKHULU FIRST APPELLANT SECOND APPELLANT

More information

DISTRIBUTED BY VERITAS TRUST

DISTRIBUTED BY VERITAS TRUST DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw VERITAS MAKES EVERY EFFORT TO ENSURE THE PROVISION OF RELIABLE INFORMATION, BUT CANNOT TAKE LEGAL

More information

HIGH COURT (BISHO) JUDGMENT. This is an appeal against the refusal of the regional magistrate, who

HIGH COURT (BISHO) JUDGMENT. This is an appeal against the refusal of the regional magistrate, who HIGH COURT (BISHO) CASE NO. 329/99 In the matter between AYANDA RUNGQU 1 s t Appellant LUNGISA KULATI 2 nd Appellant and THE STATE Respondent JUDGMENT EBRAHIM J: This is an appeal against the refusal of

More information

IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL, PIETERMARITZBURG Case No.: AR215/08 In the matter between:

IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL, PIETERMARITZBURG Case No.: AR215/08 In the matter between: REPORTABLE IN THE HIGH COURT OF SOUTH AFRICA KWAZULU-NATAL, PIETERMARITZBURG Case No.: AR215/08 In the matter between: HOPEWELL NYAMAKAZI APPLICANT and THE DIRECTOR OF PUBLIC PROSECUTIONS KWAZULU-NATAL

More information

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President)

IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF ] (English text signed by the President) IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT 27 OF 2002 [ASSENTED TO 12 JULY 2002] [DATE OF COMMENCEMENT: 16 AUGUST 2002] ACT (English text signed by the President) Regulations

More information

Police v Herbert Christopher Aldo Pape

Police v Herbert Christopher Aldo Pape Police v Herbert Christopher Aldo Pape 2017 UPW 120 IN THE DISTRICT COURT OF UPW PROV CN 1043/17 POLICE V HERBERT CHRISTOPHER ALDO PAPE RULING On 27 June 2017, Mr Herbert Christopher Aldo Pape was provisionally

More information

CHAPTER X THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 (66 OF 1982)

CHAPTER X THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 (66 OF 1982) 1 CHAPTER X THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 (66 OF 1982) 2 CHAPTER X THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 TABLE OF CONTENTS

More information

In the Resident Magistrate Court of Shinyanga sitting at Shinyanga, the appellant KAUNGUZA S/O MACHEMBA was charged with four counts.

In the Resident Magistrate Court of Shinyanga sitting at Shinyanga, the appellant KAUNGUZA S/O MACHEMBA was charged with four counts. IN THE COURT OF APPEAL OF TANZANIA AT TABORA (CORAM: LUANDA, J.A., ORIYO, J.A., And KAIJAGE, J.A.) CRIMINAL APPEAL NO. 157B OF 2013 KAUNGUZA S/O MACHEMBA... APPELLANT VERSUS THE REPUBLIC... RESPONDENT

More information

ALABAMA VICTIMS RIGHTS LAWS1

ALABAMA VICTIMS RIGHTS LAWS1 ALABAMA VICTIMS RIGHTS LAWS1 Constitution Art. I, 6.01 Basic rights for crime victims. (a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims,

More information

Draft Statute for an International Criminal Court 1994

Draft Statute for an International Criminal Court 1994 Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering

More information

INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT

INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT CHAPTER 12:01 48 of 1920 5 of 1923 21 of 1936 14 of 1939 25 of 1948 1 of 1955 10 of 1961 11 of 1961 29 of 1977 45 of 1979 Act 12 of 1917 Amended by *See Note

More information

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY Examinable excerpts of Bail Act 1977 as at 30 September 2018 1A Purpose PART 1 PRELIMINARY The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person

More information

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS Commencement This Code applies to any arrest made by a police officer after midnight on

More information

TELECOMMUNICATIONS AND POSTAL OFFENCES ACT

TELECOMMUNICATIONS AND POSTAL OFFENCES ACT TELECOMMUNICATIONS AND POSTAL OFFENCES ACT ARRANGEMENT OF SECTIONS PART I Telecommunication offences 1. Tampering with wireless cables, etc. 2. Illegal operation of telephone call offices, etc. 3. Radio

More information

[1] This is an appeal, brought with leave granted by the court a quo

[1] This is an appeal, brought with leave granted by the court a quo Republic of South Africa In the High Court of South Africa Western Cape High Court, Cape Town CASE NO: A228/2009 MINISTER OF SAFETY & SECURITY SUPERINTENDENT NOEL GRAHAM ZEEMAN PAUL CHRISTIAAN LOUW N.O.

More information

JUDGMENT DELIVERED 24 NOVEMBER 2017

JUDGMENT DELIVERED 24 NOVEMBER 2017 IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) REPORTABLE Case Numbers: 16996/2017 In the matter between: NEVILLE COOPER Applicant and MAGISTRATE MHLANGA Respondent JUDGMENT DELIVERED

More information

CONSTITUTIONAL COURT OF SOUTH AFRICA THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 41/99 JÜRGEN HARKSEN Appellant versus THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE MINISTER OF JUSTICE THE DIRECTOR OF PUBLIC PROSECUTIONS: CAPE OF GOOD

More information

Document references: Prior decisions - Special Rapporteur s rule 91 decision, dated 28 December 1992 (not issued in document form)

Document references: Prior decisions - Special Rapporteur s rule 91 decision, dated 28 December 1992 (not issued in document form) HUMAN RIGHTS COMMITTEE Kulomin v. Hungary Communication No. 521/1992 16 March 1994 CCPR/C/50/D/521/1992 * ADMISSIBILITY Submitted by: Vladimir Kulomin Alleged victim: The author State party: Hungary Date

More information

CONTEMPT OF COURT ACT

CONTEMPT OF COURT ACT LAWS OF KENYA CONTEMPT OF COURT ACT NO. 46 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org Contempt of Court No. 46 of 2016 Section

More information

FACT SHEET. Juveniles (children aged 16 or under):

FACT SHEET. Juveniles (children aged 16 or under): FACT SHEET Introduction Arrest and Bail It is important for our clients to have an appreciation of their rights when it comes to such things as being arrested or being granted bail. However, in the event

More information

Table of Contents. CON-1 (Mental Disorder) (2013-3)

Table of Contents. CON-1 (Mental Disorder) (2013-3) Table of Contents 1 INTRODUCTION... 1-1 1.1 HISTORICAL PERSPECTIVE... 1-1 (a) Pre-1992 Amendments... 1-1 (b) The Reform Movement... 1-4 (c) The Swain Decision... 1-6 (d) The 1992 Amendments: Part XX.1

More information

Implications of the New Constitution on Criminal Procedure

Implications of the New Constitution on Criminal Procedure www.uzstudentjournal.org Implications of the New Constitution on Criminal Procedure Author: Brian Crozier Published in August 2014 (Issue:3/2014) Introduction The rules of criminal procedure are the mechanisms

More information

TERRORISM (JERSEY) LAW 2002

TERRORISM (JERSEY) LAW 2002 TERRORISM (JERSEY) LAW 2002 Revised Edition Showing the law as at 1 January 2012 This is a revised edition of the law Terrorism (Jersey) Law 2002 Arrangement TERRORISM (JERSEY) LAW 2002 Arrangement Article

More information

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. THE STATE and [T.] [J ] [M..] Accused 1 [M.] [R.] [M.] Accused 2

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. THE STATE and [T.] [J ] [M..] Accused 1 [M.] [R.] [M.] Accused 2 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF

More information

Singapore: Mutual Assistance In Criminal Matters Act

Singapore: Mutual Assistance In Criminal Matters Act The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of

More information

MULTI CHOICE QUESTIONS EVI301-A

MULTI CHOICE QUESTIONS EVI301-A MULTI CHOICE QUESTIONS EVI301-A 2010 Second Semester Assignment 1 Question 1 If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search

More information

Coercive Measures Act. (806/2011; entry into force on 1 January 2014) (amendments up to 1146/2013 included)

Coercive Measures Act. (806/2011; entry into force on 1 January 2014) (amendments up to 1146/2013 included) Unofficial translation Ministry of Justice, Finland Coercive Measures Act (806/2011; entry into force on 1 January 2014) (amendments up to 1146/2013 included) Chapter 1 General provisions Section 1 Scope

More information

Northern Ireland. Provisions) Act. (Emergency LONDON: HMSO CHAPTER 22

Northern Ireland. Provisions) Act. (Emergency LONDON: HMSO CHAPTER 22 Northern Ireland (Emergency Provisions) Act 1996 CHAPTER 22 LONDON: HMSO Northern Ireland (Emergency Provisions) Act 1996 CHAPTER 22 ARRANGEMENT OF SECTIONS PART I SCHEDULED OFFENCES The scheduled offences

More information

Cook Islands: Mutual Assistance in Criminal Matters Act 2003

Cook Islands: Mutual Assistance in Criminal Matters Act 2003 The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of

More information

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$2.00 WINDHOEK - 30 December 2003 No.3123 CONTENTS GOVERNMENT NOTICE No. 266 Promulgation of Criminal Procedure Amendment Act, 2003 (Act No. 24 of 2003),

More information

September 14, No Crown Appeal of Schoenborn High-Risk Accused Ruling

September 14, No Crown Appeal of Schoenborn High-Risk Accused Ruling Media Statement September 14, 2017 17-18 No Crown Appeal of Schoenborn High-Risk Accused Ruling Victoria - The BC Prosecution Service (BCPS) announced today that it will not file an appeal from the decision

More information

MINISTER OF SAFETY AND SECURITY JUDGMENT

MINISTER OF SAFETY AND SECURITY JUDGMENT 1 IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION MTHATHA Case No. 2074/11 Date heard: 25/2/15 Date delivered: 27/2/15 Not reportable In the matter between: VUYISA SOFIKA Plaintiff and MINISTER

More information

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, PORT ELIZABETH CASE NO: CC45/13. In the matter between: THE STATE CACILE MATSHOBA

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, PORT ELIZABETH CASE NO: CC45/13. In the matter between: THE STATE CACILE MATSHOBA IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, PORT ELIZABETH CASE NO: CC45/13 In the matter between: THE STATE v CACILE MATSHOBA SIYABONGA BRANDY THEMBINKOSI SPEELMAN THULANI HAAS JUDGMENT 2

More information

Proposal for a draft United Nations Statute on an International Criminal Court or Tribunal for Cyberspace (Second Edition May 2013) Introduction

Proposal for a draft United Nations Statute on an International Criminal Court or Tribunal for Cyberspace (Second Edition May 2013) Introduction 1 Proposal for a draft United Nations Statute on an International Criminal Court or Tribunal for Cyberspace (Second Edition May 2013) Introduction Recalling the United Nations Convention against Transnational

More information

TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1992 (X OF 1992)

TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1992 (X OF 1992) TERRORIST AFFECTED AREAS (SPECIAL COURTS) ACT, 1992 (X OF 1992) An Act to provide for the suppression of acts of terrorism, subversion and other heinous offences in the terrorist affected areas. WHEREAS

More information

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO Review No. : 62/2017 THE STATE versus TEBOHO

More information

(EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH)

(EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE

More information

CRIMINAL PROCEDURE CODE

CRIMINAL PROCEDURE CODE CHAPTER 75 CRIMINAL PROCEDURE CODE SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1. Public Prosecutors Appointed Under Section 85(1)... 205 2. Criminal Procedure (Directions in the Nature

More information

Criminal Code CRIMINAL CODE (AMENDMENT) (NO. 2) BILL, 2013 ARRANGEMENT OF CLAUSES

Criminal Code CRIMINAL CODE (AMENDMENT) (NO. 2) BILL, 2013 ARRANGEMENT OF CLAUSES BELIZE: CRIMINAL CODE (AMENDMENT) (NO. 2) BILL, 2013 ARRANGEMENT OF CLAUSES 1. Short title. 2. Amendment of section 12. 3. Repeal and substitution of section 25. 4. Amendment of section 45. 5. Repeal and

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Fhetani v S [2007] JOL 20663 (SCA) Issue Order Reportable CASE NO 158/2007 In the matter between TAKALANI FHETANI Appellant and THE STATE Respondent Coram: Nugent,

More information

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA ' l.. GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$4.68 WINDHOEK 19 March 1999 No. 2065 CONTENTS Page GOVERNMENT NOTICE No. 41 Promulgation of Namibia Refugees (Recognition and Control) Act, 1999 (Act

More information

Introduction to the Legal Process

Introduction to the Legal Process THE LEGAL PROCESS Introduction to the Legal Process Freedom of expression is a fundamental right BUT all rights are subject to 2 limitations: 1. The exercise of that right should not infringe on the rights

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, BHISHO) Case No. 12/16 Case reference REVIEW JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, BHISHO) Case No. 12/16 Case reference REVIEW JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, BHISHO) Case No. 12/16 Case reference THE STATE and MANYANO MTHIMKHULU REVIEW JUDGMENT HARTLE J [1] The accused was declared a state patient on

More information

Criminal Procedure (Reform and Modernisation) Bill 2010

Criminal Procedure (Reform and Modernisation) Bill 2010 Digest No. 1819 Criminal Procedure (Reform and Modernisation) Bill 2010 Date of Introduction: 15 November 2010 Portfolio: Select Committee: Published: 18 November 2010 by John McSoriley BA LL.B, Barrister,

More information

Second Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017

Second Session Eleventh Parliament Republic of Trinidad and Tobago. REPUBLIC OF TRINIDAD AND TOBAGO Act No. 9 of 2017 Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 82, 7th August, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) CASE NO.: 2589/2012 In the matter between: MLINDELI DAVID SEPTEMBER

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) CASE NO.: 2589/2012 In the matter between: MLINDELI DAVID SEPTEMBER SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE

More information

AS AMENDED IN THE SENATE. No. 1 of 2017 SENATE BILL

AS AMENDED IN THE SENATE. No. 1 of 2017 SENATE BILL AS AMENDED IN THE SENATE No. 1 of 2017 SENATE BILL AN ACT to amend the Act, Chap. 48:50 to introduce a system of traffic violations for certain breaches of the Act, to provide for the implementation of

More information

REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA. Case No: CA 68/2000. In the matter between: and ZACHARIA STEPHANUS FIRST RESPONDENT BERLINO MATROOS

REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA. Case No: CA 68/2000. In the matter between: and ZACHARIA STEPHANUS FIRST RESPONDENT BERLINO MATROOS REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA Case No: CA 68/2000 In the matter between: THE STATE APPELLANT and ZACHARIA STEPHANUS BERLINO MATROOS WESLEY NANUHE WILLY JOSOB FIRST RESPONDENT SECOND

More information

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE REVISED LAWS OF GRENADA (SECTION 49)

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE REVISED LAWS OF GRENADA (SECTION 49) IN THE SUPREME COURT OF GRENADA AND THE WEST INDIES ASSOCIATED STATES GRENADA CLAIM NO. GDAHCV 2012/ 0492 BETWEEN: IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE CRIMINAL PROCEDURE CODE CAP 2 OF THE

More information

first, for unlawful apprehension of a mentally ill person by the SAPS; and

first, for unlawful apprehension of a mentally ill person by the SAPS; and Examining s 40 of the Mental Health Care Act: Unlawful arrest and detention By Moffat Ndou Violence committed by individuals with mental illness is a problem in the community. It was foreseeable that the

More information

deprived of his or her liberty by arrest or detention to bring proceedings before court.

deprived of his or her liberty by arrest or detention to bring proceedings before court. Questionnaire related to the right of anyone deprived of his or her liberty by arrest or detention to bring proceeding before court, in order that the court may decide without delay on the lawfulness of

More information

Crimes (Foreign Incursions and Recruitment) Act 1978

Crimes (Foreign Incursions and Recruitment) Act 1978 Crimes (Foreign Incursions and Recruitment) Act 1978 Act No. 13 of 1978 as amended This compilation was prepared on 6 July 2004 taking into account amendments up to Act No. 104 of 2004 The text of any

More information

IN THE HIGH COURT OF SWAZILAND

IN THE HIGH COURT OF SWAZILAND IN THE HIGH COURT OF SWAZILAND Held at Mbabane Case No.: 241/2017 In the matter between GCINUMUZI MANANA Appelant And THE KING Respondent Neutral Citation: Gcinumuzi Manana Vs Rex (241/2017) [2017] SZHC

More information

THE SUPREME COURT. Murray C.J. 206/2007 Denham J. Hardiman J. Geoghegan J. Fennelly J. Macken J. Finnegan J. THE DIRECTOR OF PUBLIC PROSECUTIONS

THE SUPREME COURT. Murray C.J. 206/2007 Denham J. Hardiman J. Geoghegan J. Fennelly J. Macken J. Finnegan J. THE DIRECTOR OF PUBLIC PROSECUTIONS THE SUPREME COURT Murray C.J. 206/2007 Denham J. Hardiman J. Geoghegan J. Fennelly J. Macken J. Finnegan J. THE DIRECTOR OF PUBLIC PROSECUTIONS (AT THE SUIT OF GARDA BARRY WALSH) Respondent/Prosecutor

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only

More information

CHAPTER 6:04 DEBTORS ACT ARRANGEMENT OF SECTIONS

CHAPTER 6:04 DEBTORS ACT ARRANGEMENT OF SECTIONS Debtors 3 CHAPTER 6:04 DEBTORS ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. (1) Abolition of imprisonment for debt. (2) Exceptions. 4. Committal of debtor to prison in 5. Saving

More information

FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT

FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT ECJ no: 138 PARTIES: RASHAAD SOOMAR APPLICANT and THE HONOURABLE MR JUSTICE KROON THE DIRECTOR OF PUBLIC PROSECUTIONS MR ALWYN GRIEBENOW FIRST RESPONDENT SECOND

More information

THE REGIONAL MAGISTRATE, MS J JACOBS JUDGMENT

THE REGIONAL MAGISTRATE, MS J JACOBS JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, GRAHAMSTOWN) In the matter between: CASE NO.: 1831/2015 PHUMLANI MKOLO ZINTLE NKUHLU NOSIPHIWO MATI MPINDO S EMERGENCE AND TRAINING SERVICES CC

More information

Biosecurity Law Reform Bill

Biosecurity Law Reform Bill Biosecurity Law Reform Bill 15 November 2010 ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: BIOSECURITY LAW REFORM BILL 1. We have considered whether the Biosecurity

More information

ISSUES FOR DISCUSSION

ISSUES FOR DISCUSSION BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm

More information

CRIMINAL JUSTICE ADMINISTRATION IN THE HIGH COURTS AND MAGISTRATES' COURTS OF LAGOS STATE

CRIMINAL JUSTICE ADMINISTRATION IN THE HIGH COURTS AND MAGISTRATES' COURTS OF LAGOS STATE CRIMINAL JUSTICE ADMINISTRATION IN THE HIGH COURTS AND MAGISTRATES' COURTS OF LAGOS STATE A LAW ON CRIMINAL JUSTICE ADMINISTRATION IN THE HIGH COURTS AND MAGISTRATES' COURTS OF LAGOS STATE AND FOR OTHER

More information

ANTI-TERRORISM AND CRIME ACT 2003 Chapter 6

ANTI-TERRORISM AND CRIME ACT 2003 Chapter 6 Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction ANTI-TERRORISM AND CRIME ACT 2003 Chapter 6 Arrangement of sections PART

More information

FORM A FILING SHEET FOR EASTERN CAPE HIGH COURT, GRAHAMSTOWN JUDGMENT

FORM A FILING SHEET FOR EASTERN CAPE HIGH COURT, GRAHAMSTOWN JUDGMENT FORM A FILING SHEET FOR EASTERN CAPE HIGH COURT, GRAHAMSTOWN JUDGMENT ECJ: PARTIES: MTHUTHUZELIERIC NDIMA AND THE STATE Registrar: CA 49/2009 Magistrate: High Court: EASTERN CAPE HIGH COURT, GRAHAMSTOWN

More information

PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992

PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992 Page 1 of 32 PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992 (English text signed by the State President) [Assented To: 3 March 1992] [Commencement Date: 30 April 1993 unless otherwise indicated]

More information

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38)

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38) CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38) Act 1 of 1993 REVISED EDITION1994 REVISEDEDITION 2001 20 of 2001 An Act to consolidate the law relating to children and young persons. [21st March 1993] PART

More information

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,

More information

REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL

REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL Date of Hearing: Panel: Re: Aly N. Alibhai, Chair; Moira Calderwood and Cezary Paluch, Members Muhammad Umar Tariq Holder of Taxicab Driver's Licence

More information

Criminal Procedure Act 2009

Criminal Procedure Act 2009 Examinable excerpts of Criminal Procedure Act 2009 as at 2 October 2017 CHAPTER 2 COMMENCING A CRIMINAL PROCEEDING PART 2.1 WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED 5 How a criminal proceeding

More information

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and Case No 385/97 IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and THE STATE Respondant CORAM : VAN HEERDEN, HEFER et SCOTT JJA HEARD : 21 MAY 1998 DELIVERED : 27 MAY 1998 JUDGEMENT SCOTT

More information

CHAPTER 113A CRIMINAL APPEAL

CHAPTER 113A CRIMINAL APPEAL 1 L.R.O. 2002 Criminal Appeal CAP. 113A CHAPTER 113A CRIMINAL APPEAL ARRANGEMENT OF SECTIONS SECTION CITATION 1. Short title. INTERPRETATION 2. Definitions. PART I CRIMINAL APPEALS FROM HIGH COURT 3. Right

More information

Fair trial rights, freedom of the press, the principle of open justice and the power of the Supreme Court of Appeal to regulate its own process

Fair trial rights, freedom of the press, the principle of open justice and the power of the Supreme Court of Appeal to regulate its own process Fair trial rights, freedom of the press, the principle of open justice and the power of the Supreme Court of Appeal to regulate its own process South African Broadcasting Corporation Ltd v National Director

More information

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,

More information

JUDGMENT. [1] The accused is guilty of one count of contravening section 15 of the Criminal

JUDGMENT. [1] The accused is guilty of one count of contravening section 15 of the Criminal IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, PORT ELIZABETH) CASE NO.: CC32/2017 In the matter between: THE STATE v SIMPHIWE APRIL JUDGMENT SEPHTON AJ: [1] The accused is guilty of one count

More information

HH CA 143/13 X REF CRB GODFREY KONDO and FENIA AISUM versus THE STATE

HH CA 143/13 X REF CRB GODFREY KONDO and FENIA AISUM versus THE STATE 1 GODFREY KONDO and FENIA AISUM versus THE STATE HIGH COURT OF ZIMBABWE HUNGWE AND BERE JJ HARARE 31 MARCH 2015 AND 7 OCTOBER 2015 Criminal Appeal J. Samukange, for the appellant E. Makoto, for the respondent

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG MOLEFE JOSEPH MPHAPHAMA

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG MOLEFE JOSEPH MPHAPHAMA THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case No: 20450/2014 In the matter between: DIRECTOR OF PUBLIC PROSECUTIONS, GAUTENG APPELLANT and MOLEFE JOSEPH MPHAPHAMA RESPONDENT Neutral

More information

LAWS OF WESTERN SAMOA CRIMINAL PROCEDURE ANALYSIS PART II PROCEDURE FOR PROSECUTION OF OFFENCES. Arrest

LAWS OF WESTERN SAMOA CRIMINAL PROCEDURE ANALYSIS PART II PROCEDURE FOR PROSECUTION OF OFFENCES. Arrest LAWS OF WESTERN SAMOA CRIMINAL PROCEDURE ANALYSIS TITLE PART I PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Application PART II PROCEDURE FOR PROSECUTION OF OFFENCES Arrest 4. Arrest

More information

THE BAIL AMENDMENT ACT 2015-by Caroline Dobraszczyk-Barrister-Trust Chambers, Sydney

THE BAIL AMENDMENT ACT 2015-by Caroline Dobraszczyk-Barrister-Trust Chambers, Sydney THE BAIL AMENDMENT ACT 2015-by Caroline Dobraszczyk-Barrister-Trust Chambers, Sydney INTRODUCTION The Bail Amendment Act 2015 ( the Act ) was passed on 27 October 2015 but at the time of writing is yet

More information

BERMUDA CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) (BERMUDA) ACT : 41

BERMUDA CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) (BERMUDA) ACT : 41 QUO FA T A F U E R N T BERMUDA CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) (BERMUDA) ACT : 41 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 8A 9 10 11 Short title Interpretation PART I PRELIMINARY PART II CRIMINAL

More information

PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System

PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS. The Human Rights Act 1998 and the Criminal Justice System PART 2: THE EUROPEAN CONVENTION ON HUMAN RIGHTS Chapter 2: The Human Rights Act 1998 and the Criminal Justice System Outline 2.1 Introduction 2.2 The European Convention on Human Rights the essential background

More information

Number 14 of Criminal Justice Act 2017

Number 14 of Criminal Justice Act 2017 Number 14 of 2017 Criminal Justice Act 2017 Number 14 of 2017 CRIMINAL JUSTICE ACT 2017 Section 1. Definition CONTENTS 2. Amendment of Criminal Justice Act 1984 3. Amendment of Criminal Justice (Public

More information

Bail Act 1977 Stage Two - to commence 1 July 2018

Bail Act 1977 Stage Two - to commence 1 July 2018 Stage Two - to commence 1 July 2018 Section TABLE OF PROVISIONS Page Part 1 Preliminary 4 1 Short title and commencement 4 1A Purpose 1B Guiding Principles 2 Repeals and savings 5 3 Definitions 5 3AAAA

More information

IN THE NORTH WEST HIGH COURT, MAFIKENG MOENYANE MODISE HUNTER THE MINISTER OF POLICE

IN THE NORTH WEST HIGH COURT, MAFIKENG MOENYANE MODISE HUNTER THE MINISTER OF POLICE Reportable: Circulate to Judges: Circulate to Magistrates: Circulate to Regional Magistrates: YES / NO YES / NO YES / NO YES / NO In the matter between: IN THE NORTH WEST HIGH COURT, MAFIKENG CASE NO:

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 347/2015 In the matter between: MZWANELE LUBANDO APPELLANT and THE STATE RESPONDENT Neutral citation: Lubando v The State (347/2015)

More information

Asylum and Immigration (Treatment of Claimants, etc.) Bill

Asylum and Immigration (Treatment of Claimants, etc.) Bill Asylum and Immigration (Treatment of Claimants, etc.) Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill EN. EUROPEAN CONVENTION ON HUMAN

More information

IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) J.o.. 13./2.ol.1- oari JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) J.o.. 13./2.ol.1- oari JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) \0 \ 5! 20i1- Case Number: 9326/2015 ( 1) REPORT ABLE: "ff!& I NO (2) OF INTEREST TO OTHER JUDGES: '!@/NO (3) REVISED. J.o.. 13./2.ol.1- oari

More information

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Third Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.

More information

CHILDREN COURT RULES, 2018

CHILDREN COURT RULES, 2018 CHILDREN COURT RULES, 2018 CONTENTS Rule Page PART 1 CITATION, COMMENCEMENT AND POWERS Citation and Commencement Rule 1.1 Definitions Rule 1.2 Application of the Rules Rule 1.3 Effect of non-compliance

More information

LISTENING DEVICES ACT, 1984, No. 69

LISTENING DEVICES ACT, 1984, No. 69 LISTENING DEVICES ACT, 1984, No. 69 NEW SOUTH WALES. TABLt OF PROVISIONS. J. Short title. 2. Commencement. 3. Interpretation. 4. Act to bind the Crown. PART I. PRELIMINARY. PART II. OFFENCES RELATING TO

More information

VIEWS. Communication No. 332/1988

VIEWS. Communication No. 332/1988 UNITED NATIONS CCPR International Covenant on Civil and Political Rights Distr. RESTRICTED* CCPR/C/50/D/332/1988 5 April 1994 ORIGINAL: ENGLISH HUMAN RIGHTS COMMITTEE Fiftieth session VIEWS Communication

More information

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA THE MINISTER OF SAFETY AND SECURITY

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA THE MINISTER OF SAFETY AND SECURITY IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA AR238/08 THE MINISTER OF SAFETY AND SECURITY First Appellant THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Second Appellant

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015. In the matter between: GCINIBANDLA NELSON GABAYI AND

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015. In the matter between: GCINIBANDLA NELSON GABAYI AND IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015 In the matter between: GCINIBANDLA NELSON GABAYI AND ANOTHER PLAINTIFFS AND MINISTER OF POLICE AND ANOTHER DEFENDANTS

More information