In Some Matters There Can Be No Winners
Director, Piet du Plessis, represented the two accused in the tragic shooting incident and death of a teenager on 5 January 2021. The identities of our clients will not be made public, as the one accused was a minor at the time of the incident. Out of respect for the family of the deceased, we […]
What is bail, and are you eligible for it?
Tristan Moodley – Candidate Attorney The procedure for an application for the release of an accused on bail may vary by jurisdiction and according to the seriousness of an offence. Bail is one of the methods of securing the attendance of an accused person in court. An accused person is entitled at any stage of […]
The state of African Legal Information Institutes – Research paper
Research paper assisted on by BDK’s Amorette Gangel In more than 60 countries around the world, Legal Information Institutes (LIIs hereafter) make significant volumes of legal information — legislation, case law, judgements etc — freely available on the internet. These repositories provide information that, in many countries, is otherwise only available online behind paywall subscriptions […]
JUSTICE AFTER 5 YEARS
Danisa Baloyi, Hawa and Abubaker Khan welcome the decision by the Johannesburg Specialised Commercial Crime Court, sitting at Palm Ridge, where they all were acquitted, on 20 May 2022, on all charges levelled against them.
BAIL – A RIGHT IN TERMS OF THE CONSTITUTION AND NOT PUNISHMENT
When a suspect in a murder case is granted bail we hear people utter sentiments like “is a life only worth R8000 in South Africa“…
ROAD FREIGHT EMPLOYMENT CONTRACTS AND THE NATIONAL BARGAINING COUNCIL: Dire civil and criminal consequences for non-compliance
All businesses associated with the transportation of goods by means of motor transport for hire or reward are affected by the agreements made by the NBCRFLI…
CUSTOMARY MARRIAGES – DIVORCE AND REMARRIAGE
In terms of Section 8 of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) (“the Act”) a customary marriage may only be dissolved by a Court by a decree of divorce…
Davis Judgement – To Claim or Not to Claim for Damages – the Question on everyone’s lips
On the 2nd of June, 2020, Judge Norman Davis afforded the Minister of Cooperation and Traditional Affairs to review, amend and republish the lockdown regulations (save for regulations 36, 38, 39(2)(d) and (e) and 41) after declaring the remainder of the regulations published, unconstitutional and invalid…
Judicial Overreach? – Unconstitutionality of State of Disaster Regulations per Judge Norman Davis in the De Beer matter
There is a widely held perception that many of the Regulations enacted by the Government in terms of the Disaster Management Act are not based on rational considerations relating to curbing the spread of COVID-19 and saving lives while preserving livelihood…
DIRECTIVES BY THE NATIONAL COMMISSIONER OF POLICE RELATING TO ARRESTS AND USE OF FORCE RELATING TO THE MANAGEMENT OF THE COVID-19 SITUATION
In a letter directed by the National Commissioner of the South African Police to all police officers and members of municipal police services, the use of arrest as a means of bringing alleged offenders before court and the use of force in the process was dealt with in great detail…
