Criminal Procedure Act 51 of 1977 Archives

Striking off attorney: Failed attempt by disgruntled employee

by GilesFiles | Feb 25, 2025 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, erroneously sought, Evidence & onus, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Releasing accused on bail: Interests of justice

by GilesFiles | Jan 9, 2025 | 2020 onwards, Allowed, Appeals - leave, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, Orders, Parties, Review tests, Rules Codes & Manual, SDJ Wilson, Sectors, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Admitting recanted statements: Section 204 of Criminal Procedure Act

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence & onus, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Disputed settlement agreement: Genuine factual dispute?

by GilesFiles | Apr 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Disciplinary hearing evidence: Failure of justice?

by GilesFiles | Oct 10, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Sectors, State organs, Statutory, Topics | 0 |

NL v State Was there a need to allow legal representation during informal disciplinary hearing where incriminating evidence was obtained? “[45] Since there is no constitutional issue, this Court need not assess the merits...

Permanent stay application: Alternative remedy discussed

by GilesFiles | Jul 31, 2023 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Finance, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, Refused, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutory, staying proceedings, Topics | 0 |

MVV v Director of Public Prosecutions, Western Cape Is it appropriate to grant a permanent stay application in civil proceedings given specific provisions in Criminal Procedure Act? “[33] The attitude adopted by the first...

Disclosing customer information: Investigate complaint?

by GilesFiles | Apr 4, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd Does disclosing customer information required to investigate institution of legal proceedings fall outside ambit of s 42 of RICA? “[24] According to its text (‘information...

Personal freedom paramount: Private prosecution?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Government, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal Information, Private security, Protectable interests, Public policy, Roland Sutherland, Roman Dutch law, Sectors, Special pleas, Topics, Urgency | 0 |

President of RSA vs Zuma In context of private prosecutions what other constitutional paramount rights are threatened apart from personal freedom and dignity? “[13] . . . . There may be several other respects in which...

Accepting digital signature: Virtual presence accepted

by GilesFiles | May 5, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Finance, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Intimidation threats interdicted: Undocumented nationals

by GilesFiles | Feb 17, 2020 | 2020 onwards, Applications, Causes and defences, Courts, Delict, General, Government, Granted, granted, High Court, High Court judges, Interdicts & rules, Interim relief, Judges, Jurisdiction & powers, Legal Practice, Legislation, Municipal, Orders, Parties, philosophy / economics, Rule nisi, Sectors, Statutory, Topics, Urgency | 0 |

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

Invalid conduct rules: Unlawful speeding fines

by GilesFiles | Nov 17, 2017 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Body C Conduct, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Singh v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) When does protection of individual private interests conflict with public interests and when are conduct rules invalid and unenforceable?...

Manage risks without punishment: Just and equitable

by GilesFiles | Nov 20, 2015 | 2015, AB - Law generally, AB1 - Fairness principle or concept, André van Niekerk, Anton Steenkamp, Conduct & capacity, Courts, Deceased judges, Fair procedure, Insights, Judges, Labour Court, Labour Court judges, LAC judges, Management, Managerial prerogative, Miscellaneous, P Coppin, Protect not punish, Risks, Termination (LRL 8), Trust & confidence | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Criminal Procedure Act 51 of 1977