Beyond The Docket: From Conviction to Sentence – Key Considerations Guiding the Court’s Discretion in Sentencing
The matter of Amber Lee Hughes, heard in the Johannesburg High Court, provides a useful lens through which to examine the principles and considerations applied by South African Courts when sentencing an accused person. Sentencing remains one of the most complex and sensitive stages of the criminal justice process, requiring Courts to balance legal principles, societal interests […]
Beyond The Docket: Unlawful Arrest and Detention: A Legal Overview
An arrest may take place with or without a warrant, however, not every arrest performed by the police is a lawful arrest. South African law places a strict limit on the way an individual may be deprived of their fundamental constitutional right to freedom. An arrest is regarded as unlawful when it takes places without […]
Beyond The Docket: Going Live, Going Too Far – The Criminal Consequences of TikTok Drama
TikTok has become one of the most influential social media platforms in South Africa. Every day, thousands of users go live to entertain, debate, confront, and at times openly attack one another in real time. The hype surrounding TikTok Lives has created an environment where drama is rewarded, outrage drives engagement, and the line between […]
Beyond The Docket: Is the roadworthiness of your vehicle a roadblock problem?
South African law does not wait for flashing blue lights or a traffic officer with a clipboard before it holds motorists accountable. Long before anyone is waved into a roadside inspection, the National Road Traffic Act 93 of 1996 already places a clear responsibility on drivers and vehicle owners to make sure their vehicles are […]
Beyond the Docket: Custom Before Contracts: The High Court’s Ruling in the Black Coffee Divorce
The divorce proceedings between Black Coffee (Nkosinathi Maphumulo) and Enhle Mbali Mlotshwa turned primarily on whether the parties had concluded a valid customary marriage in terms of South African law. This question was decisive because, if a valid customary marriage existed and no valid antenuptial contract had been concluded prior to the marriage, the marriage would be regarded […]
Whistleblowing or Witch-Hunting – Drawing the line between Truth and Defamation
Amorette Gangel – Director Co-authored by Kaitlyn Pillay On 15 March 2013, Former Lt-Gen Khomotso Phahlane (“Phahlane”) instituted defamation proceedings against the Police and Prisons Civil Rights Union (“POPCRU”) and several of its members. The institution of defamation proceedings was necessitated when POPCRU and its members published a press statement in 2012 wherein Phahlane (who […]
Beyond the Docket: Labour Court Reinforces SAPS Members’ Investigative Obligations
The Labour Court has reaffirmed that members of the South African Police Service (SAPS) must diligently carry out their duties, especially when investigating complaints against fellow officers. This follows the case of Ms. Cecilia Astle and Mr. Abraham Carel Greyling, two SAPS members who were dismissed for failing to investigate an assault complaint lodged by Mr. Ntsie Esael Sefuthi against […]
Contravention Of A Protection Order
Abrie van der Merwe – Associate In the event that a respondent commits an act prohibited by a protection order, whether interim or final, it will amount to contravention of the protection order. This will allow the complainant to go to the Court that granted the order and request that a warrant of arrest be […]
What To Do If A Protection Order Is Granted Against You
Abrie van der Merwe – Associate Having a protection order served on you is a serious and stressful experience. Ordinarily, you will receive a phone call from a member of the South African Police Service, who will inform you that a protection order has been issued against you and they want you to come to […]
You’ve Applied For Your Protection Order. Now What?
Abrie van der Merwe – Associate Let’s assume you are the applicant and you have followed the process of applying for a protection order. There are three possible outcomes: Your application can be dismissed outright. This means the Magistrate has decided that there is no merit to your application. You can receive an interim protection […]
