Year In Review & This Coming Year – Rita Moodley

Taking stock in March. Unusual, yes, but then there is that motto of ours:  WHAT MAKES US DIFFERENT MAKES US BETTER. Defending Rights And Restoring Futures Our firm has successfully defended clients in matters involving fundamental constitutional rights, including the right to privacy, the rights of arrested and accused persons, the right to bail, and […]

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: 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: Arrested for Driving Under the Influence in South Africa – Surviving the Legal Hangover

Chamony Grobler – Candidate Attorney In our first article, Beyond the Docket: Driving Under the Influence in South Africa – The Legal Hangover You Don’t Want (https://bdk-attorneys.co.za/beyond-the-docket-driving-under-the-influence-in-south-africa-the-legal-hangover-you-dont-want/), we outlined the serious risks and long-term consequences of a DUI conviction, including licence suspension, criminal records, and potential impacts on insurance and employment prospects. With the festive […]

Amnesty – A Tool To Combat Corruption?

Judge Kriegler’s viewpoints on the continued prosecution of President Zuma as reported in the below Netwerk 24 article deserves serious consideration. It is especially relevant whilst the National Dialogue and Madlanga Commission are underway. It should be strongly be considered whether this is not the opportune time, in view of the public revolt against corruption and waste […]