Law of Evidence

by | Jun 12, 2020 | SACJ, SACJ V32 I2 2019

Law of Evidence

Authors Lirieka Meintjes-Van Der Walt

ISSN: 1996-2118
Affiliations: University of Fort Hare
Source: South African Journal of Criminal Justice, Volume 32 Issue 2, p. 245 – 265

Cases

Admonition to speak truth

Single child witness and identification evidence

Probative value of and risks associated with gunshot

primer residue expert evidence

Prosecution’s duty to disclose expert evidence

Assessment of expert firearm identification

The right of the accused not to testify

International Criminal Law

by | Jun 12, 2020 | SACJ, SACJ V32 I2 2019

International Criminal Law

Authors Gerhard Kemp

ISSN: 1996-2118 Affiliations: University of Stellenbosch Source: South African Journal of Criminal Justice, Volume 32 Issue 2, p. 266 – 276

Cases

ICC Appeals Chamber: Kingdom of Jordan’s failure to arrest and surrender Omar Al-Bashir of Sudan

ICC: The conviction of Bosco Ntaganda of war crimes and crimes against humanity

Illegal Gambling

by | Jun 12, 2020 | SACJ, SACJ V32 I2 2019

Illegal Gambling

Authors Marita Carnelley

ISSN: 1996-2118
Affiliations: North-West University
Source: South African Journal of Criminal Justice, Volume 32 Issue 2, p. 277 – 290

Cases

Search and seizure warrants

Civil litigation to close down illegal gambling operations

Proposed action

Broader context and strategy

Corporal punishment and the costs of judicial minimalism

by | Jun 12, 2020 | SALJ, SALJ V137 I2 2020

Corporal punishment and the costs of judicial minimalism

Author Patrick Lenta

ISSN: 1996-2177
Affiliations: Associate Professor, Law Faculty, University of Technology Sydney; Honorary Research Fellow, University of KwaZulu-Natal
Source: South African Law Journal, Volume 137 Issue 2, p. 185-200

Abstract

In Freedom of Religion South Africa v Minister of Justice and Constitutional Development 2020 (1) SA 1 (CC), the Constitutional Court declared the common-law defence of ‘reasonable corporal punishment’ unconstitutional. This note draws attention to the costs of the court’s embrace of judicial minimalism. I argue that the narrowness of the judgment — the court’s restricting the grounds of its decision to just two — and its shallowness — the Chief Justice’s eschewal of theoretical ambition in particular — results in a failure credibly to justify the restriction of parents’ freedom to raise their children as they see fit. Not only does this justificatory shortfall risk eroding the court’s perceived legitimacy, it also neglects appropriately to educate citizens about the wrong fulness of all parental corporal punishment, undermining the judgment’s potential to bring down the incidence of this practice.

South African Airways makes an emergency landing into business rescue: some burning issues

by | Jun 12, 2020 | SALJ, SALJ V137 I2 2020

South African Airways makes an emergency landing into business rescue: some burning issues

Author Maleka Femida Cassim

ISSN: 1996-2177
Affiliations: Attorney and Notary Public of the High Court of South Africa
Source: South African Law Journal, Volume 137 Issue 2, p. 201-214

Abstract

The initiation of the voluntary business rescue of South African Airways marks the first time in South African law that a state-owned entity has been placed under business rescue. The step poses some challenging legal issues for the field of business rescue. It also holds crucial lessons for the directors of other state-owned companies in financial distress. This note considers some of these burning legal issues, including the duty of the directors of a company that is nearing insolvency to cease trading, how to assess whether a company is financially distressed and should be put under business rescue, and whether the post-commencement financier has a right to vote on the approval of the business rescue plan.