Unlawful Arrests and Your Rights
In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, […]
Understanding South Africa’s Domestic Violence and Harassment Act: A Comparative Analysis
South Africa has made significant strides in combating domestic violence and protecting the rights of its citizens. The Domestic Violence Act 116 of 1998 (DVA) and the Protection from Harassment Act 17 of 2011 (HA) serves as a powerful tool in addressing domestic and other forms of violence and abuse. Although both Acts share the […]
Wrongfully Arrested by the Police: How Much Money Can You Claim?
In South Africa, countless innocent people are wrongfully arrested, thrown into jail, and then subjected to degrading, inhumane, and dehumanising circumstances. What would be the legal recourse available to a person who has been wrongfully arrested? Furthermore, how does the court determine the amount of money a person could claim after being wrongfully arrested? These […]
What are the boundaries of private defence (self-defence)?
Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, whether it be defending yourself against bullies in school or elsewhere later in life. In South African law, though, the issue of private defence is still a contentious matter. […]