Comment: Voice evidence in criminal trials: Reflections on the court’s application of section 37(1)(c) of the CPA in S v Mahlangu 2018 (2) SACR 64 (GP)

by | Oct 12, 2019 | SACJ, SACJ V32 I1 2019

Comment: Voice evidence in criminal trials: Reflections on the court’s application of section 37(1)(c) of the CPA in S v Mahlangu 2018 (2) SACR 64 (GP)

Authors Chesné Albertus, Robert Doya Nanima, Abraham J Hamman

ISSN: 1996-2118
Affiliations: University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 32 Issue 1, p. 76 – 85

Abstract

None

The constitutional protection of child witnesses in Zimbabwe’s criminal justice system

by | Oct 12, 2019 | SACJ, SACJ V32 I1 2019

The constitutional protection of child witnesses in Zimbabwe’s criminal justice system

Authors Rongedzayi Fambasayi

ISSN: 1996-2118
Affiliations: Professor of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 32 Issue 1, p. 52 – 75

Abstract

To evaluate the legal landscape and the readiness of courts in Zimbabwe, in the protection of children who are witnesses to crime, this article provides a descriptive historical review of legal developments and reforms towards the promotion and protection of the rights of child witnesses. This is based on a constitutional framework, which has a strong recognition of human rights, particularly a fairly extensive clause entrenching children’s rights. It is contended that the entrenchment of children’s rights in the Constitution of Zimbabwe Amendment (No 20) Act, 2013 — in particular the right to equality before the law, the right to be heard, the right to protection by the courts and the best interests of the child — is a remarkable step that opened a door to an undeniable claim of access to justice for children. Reference is made to international law on the human rights of the child and foreign law, in particular South Africa, to highlight notable comparative legal developments that inform recommendations and lessons that Zimbabwe can learn.

Quantification of damages for malicious prosecution: A comparative analysis of recent South African and Commonwealth case law (3)

by | Oct 12, 2019 | SACJ, SACJ V32 I1 2019

Quantification of damages for malicious prosecution: A comparative analysis of recent South African and Commonwealth case law (3)

Authors Chuks Okpaluba

ISSN: 1996-2118
Affiliations: Professor of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 32 Issue 1, p. 28 – 51

Abstract

Having dealt with some vital preliminary issues, and the case study on where damages for malicious prosecution has been awarded in South Africa in the first of three articles; and having undertaken the case study of the developments in Australia, Canada and Trinidad and Tobago in the second article, this last instalment, the third article, discusses the case law in three Roman-Dutch jurisdictions of Lesotho, Namibia and Swaziland. Specifically highlighted herein, is the clear distinction between the heads of damage recoverable in the Roman-Dutch jurisdictions as compared to what obtains in the English common law of tort. The difference is in the total absence of claims for ‘exemplary’, ‘punitive’ or ‘aggravated’ damages in these Southern African jurisdictions ostensibly based on the compensatory function of damages. Such an issue arose in the so-called ‘ritual killer’ case, and the Supreme Court of Swaziland was not prepared to import into the Swazi law, ‘a highly contentious innovation of this kind’. On the contrary, and as clearly demonstrated in this presentation using Canadian case law, these awards are constantly made in English, Australian, New Zealand, Trinidad and Tobago and Canadian courts to punish, deter, denounce or repudiate the high-handed or reprehensible conduct on the part of the prosecutor. The question, ultimately, is whether the right of the person maliciously prosecuted has been vindicated and the damages awarded must have served as a solatium to the injured feelings of the victim.

Glencarol (Pty) Ltd and Others v Emerald Risk Transfer Ltd and Others – Case No 2014/40878 GLD dated 27 October 2015

by | Oct 11, 2019 | JILB, JILB V18 I4

Glencarol (Pty) Ltd and Others v Emerald Risk Transfer Ltd and Others – Case No 2014/40878 GLD dated 27 October 2015

Authors Daleen Millard

ISSN: 2517-9543
Affiliations: Department of Private Law, Law Faculty, University of Johannesburg
Source: Juta’s Insurance Law Bulletin, Volume 18 Issue 4, 2015, p. 101 – 104

Abstract

None

Rautenbach v CMW Operations (Edms) Bpk – Unreported Case No (4623/2012) [2015] ZAFSHC 236 (11 November 2015)

by | Oct 11, 2019 | JILB, JILB V18 I4

Rautenbach v CMW Operations (Edms) Bpk – Unreported Case No (4623/2012) [2015] ZAFSHC 236 (11 November 2015)

Authors Daleen Millard

ISSN: 2517-9543
Affiliations: Department of Private Law, Law Faculty, University of Johannesburg
Source: Juta’s Insurance Law Bulletin, Volume 18 Issue 4, 2015, p. 98 – 101

Abstract

None

FAIS Ombud Determination: Wiltash Musiek CC v Teneo Financial Services CC and Christiaan Stephanus Lessing – Case No FAIS 07648/12-13 FS 3

by | Oct 11, 2019 | JILB, JILB V18 I4

Enforcement action: The Registrar of Long-term Insurance and the Financial Services Board v Mpiti’s Funeral Services CC and Mzomhle Mpiti – Case No EC 23/2015

Authors Daleen Millard

ISSN: 2517-9543
Affiliations: Department of Private Law, Law Faculty, University of Johannesburg
Source: Juta’s Insurance Law Bulletin, Volume 18 Issue 4, 2015, p. 91 – 93

Abstract

None

FAIS Ombud Determination: Johannes Cornellis Bothma Bester v Louise Lee t/a Louise Lee Finansiële Adviseurs – Case No FAIS 0091-13/14 G 3

by | Oct 11, 2019 | JILB, JILB V18 I4

FAIS Ombud Determination: Johannes Cornellis Bothma Bester v Louise Lee t/a Louise Lee Finansiële Adviseurs – Case No FAIS 0091-13/14 G 3

Authors Daleen Millard

ISSN: 2517-9543
Affiliations: Department of Private Law, Law Faculty, University of Johannesburg
Source: Juta’s Insurance Law Bulletin, Volume 18 Issue 4, 2015, p. 88 – 90

Abstract

None