Criminal Law Can the rearing of pigeons amount to harassment? The offence of harassment requires the principle of this offence to behave in such a way with the intention of causing the harassment. The harassment…MMA EditorAugust 15, 2021
Criminal Law If the accused understands the charges, then guilty plea stands If the accused understands the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned. This was held…MMA EditorJuly 25, 2021
Criminal Law Police must not rest on a report but investigate before issuing charges The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the…MMA EditorMay 30, 2021
Criminal Law Pretended rights charges borders on the civil law rights Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in…MMA EditorMay 23, 2021
Criminal Law Defence of insanity upheld The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence.MMA EditorDecember 13, 2020
Criminal Law Court accepts and explains defence of provocation The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with…Marthese HiliMay 29, 2020
Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye…Marthese HiliSeptember 16, 2019
Criminal Law Not refunding payment may constitute a crime A supplier who failed to refund an order which was cancelled on the hope that his claim would be set off, was in fact committing…MMA EditorMay 4, 2019
Criminal Law Slanderous words written on social media no longer constitute a criminal offence Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person…Marthese HiliApril 19, 2019
Criminal LawEmployment Law Court of Criminal Appeal unconvinced by prosecution’s version of events The Court of Criminal Appeal upheld an appeal lodged by former employers, claiming that it was unconvinced with the complainant’s version in her testimony.Marthese HiliSeptember 14, 2018