Cybercrime – Be aware !!
Due to the attractively large sums of money involved in property transactions, conveyancing attorneys and clients alike are becoming popular targets for cybercriminals and scammers. The increasing volume of communication exchanged between attorney and client via electronic means provides criminals with more opportunities to infiltrate the transaction. South Africa has the third highest number of […]
Parents take heed – No more spanking in homes!
On 18 September 2019, the Constitutional Court upheld the judgment of the Gauteng High Court declaring the use of parental chastisement in homes unconstitutional. The judgment comes at a time where violence against women and children has been a burning issue in South Africa. The “banning on spanking” has become a heated debate, with people […]
Criminal liability: Common purpose, accomplice, and accessory after the fact
More than one person may be involved in the commission of a crime and there are various principles that find application in our law which determine how the law assigns criminal liability to such persons. This is achieved through the application of the well-established legal principles in our legal system namely: the doctrine of common […]
SLOW DOWN THERE, SPEEDY
It’s a classic scenario: Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the cars on the road. She thinks she is simply going with the flow of the traffic when suddenly she sees flashing lights in her rear-view mirror. Mandie does not […]
TO PROSECUTE OR NOT
An action may be a crime or a delict but where your actions were trivial, a court has the discretion to decide not to prosecute or entertain a claim against you due to the de minimis non curat lex rule. If you find yourself charged with a minor crime, for example theft of a few […]
Self-defence
In South Africa violent crime has become a massive concern for many who call this wonderful place home, but what can we do about it? In our law we are entitled to protect our own interest and those of others, but unfortunately many citizens do not know the ambit of these defences. A person acts […]
Bail or not
People are often outraged when they hear of accused persons who have been released on bail. In this article the factors to be considered when deciding whether someone should be let out on bail or not will be discussed. This will allow us to better understand why someone has been released on bail or why […]
A dent on your record?
Angela, a normal middle-aged woman with a basic salary has just landed herself in a load of trouble, which could possibly cause her not to go on holiday to Mauritius with her family in December. Angela went to the shop to buy bread before fetching her teenage son from school. As she opened the car […]
Self-defence
Self-defence- justifiable means in warding off an unlawful attack. This article will discuss the requirements that need to be met in order to succeed with this defence. In South Africa violent crime has become a massive concern for many who call this wonderful place home, but what can we do about it? In our law […]
Is extradition the only answer?
It was a story that shocked the world: a woman brutally murdered on her honeymoon and a lonely husband looking for answers in a foreign country, until it emerged that he had been the main schemer in his wife’s murder … Shrien Dewani is suspected of ordering the killing of his new wife Anni, 28, […]