Supreme court of Appeal / Appeals and Reviews
Appeals focus on the merits of the judgment itself. When you appeal against judgment, you are not telling the Judge or Magistrate that he was dishonest or biased or grossly negligent when he formulated his judgement. However although he might have reached his judgement in good faith, you still disagree with the judgment, either on the law, or on the facts on both the law and the facts. The procedure available to you is to appeal against the judgement of the court a quo(High court or Magistrate court).you apply that this judgment be set aside, or at least that portion of the judgement with which you are dissatisfied. In an appeal a party’s dissatisfaction with the judgment of the court a quo may arise either because that party is unhappy with a finding of fact made by the court, e.g. the party is of the view that the court incorrectly believed or disbelieved a witness whose evidence was material to the case, or because the party is unhappy with a ruling of law made by the court. It often happens that a party feels that the court got both the law and the facts wrong, and an appeal will then be lodged on both grounds. Harms provide that: (i) where the trial court has made no finding on the credibility of witnesses, the court of appeal has to do its best on such material as it has before it to decide the credibility issue. (ii)If a court aqou committed an irregularity, the proceedings will be set aside unless the respondent can convince the court that that the appellant did not suffer any prejudice as a result of that irregularity. Supreme Court act 59 of 1959, Steven Pete, David Hulme, Max du Plessis, Robin Palmer, and Omphemetse Sibanda.
Delangokubona Drugs article
It is unfortunate that the beloveth country, South Africa is flooded with drugs smuggering; trafficking and various other criminal activities which include inter alia, robbery with aggravating circumstances, murder and other dangerous offences. People are not safe in their own homes. They fear for their lives and their loved ones. The liberation and struggle for democratic change has been hampered by a series of criminal conduct. Drugs trafficking is a landmark for a weaken society. Such devastating conduct is a cancer to society. Delangokubona business forum has brought hope back to people by facing drugs dealers and pimps face to face, they have paved a way for hope of the restoration of the origins conscience of Africa, “Ubuntu.” It is to the people of South Africa to protect the people who protect them, and stand with forums in uprooting and alleviating all forms of criminal conduct. The members of Saps work day and night in cleaning criminal activities and it is a fallacy should saps endeavors be filled with ironical corruption. The society must reciprocally help the helpers in reporting crime to the proper authorities. We still see future in South Africa. We may be down, but we are not out, we may lose the battle but not the war.
Female Genital Mutilation and the Women’s Right. Volume 1
Female Genital Mutilation and the Women’s Right. Volume 1
Access to information. Right and the arbitrary deprivation of the right to know.
Durban info@advocatendawo.co.za 031 547 3330 Home About Us Founder Opinion pieces Contact Us Opinion Piece Access to information. Right and the arbitrary deprivation of the right to know. Claims of the right to freedom of information are usually based on the idea that people are entitled to have access to information in the possession of the state that has an impact on them. This includes information that is specifically about the requester and, more generally, the information the state uses to make decisions affecting the requester and, more generally, the information the state uses to make decisions affecting the requester. Freedom of information is closely related to freedom of expression and the right to privacy. The second level on which freedom of information operates is political. In an authoritarian society. Power is exercised arbitrary, without reason or explanation.in an open and democratic society, by contrast, government should be accountable for its action and decisions, which should be informed by rational considerations that that are explicable to those to those affected by them: democracy is governed by explanation. Accountable government is impossible if the government has a monopoly over the information that informs its actions and decisions, When government refuses to speak its mind candidly or intelligibly or at all, freedom of information is the interest that citizens have in being able to find out what their government is up to.it is the claim that they should that they should have access to its records, to its meetings.to the occasions where policy is formulated and where decisions are taken about the use of public power. Public access to information is fundamental to encouraging transparency and accountability in the way government and public authorities operate.it is also an important weapon in the fight against corruption.at both levels, freedom of information combats governmental arbitrations and contributes to the ideal of an open and democratic society, in which power is exercised rationally and with due deliberation. IAIN CURRIE.EMERGING DEMOCRACIES AND FREEDOM OF INFORMATION: CONFERENCE PROCEEDINGS (1994) Opening Hours: 08h00 – 16h00 Cell: 081 7728831 Tel/ fax 031 3010341 Email: info@advocatendawo.co.za Facebook Twitter Google-plus Whatsapp Skype
South Africa belongs to everyone who live in it. But not belong to people who attack police.
Durban info@advocatendawo.co.za 031 547 3330 Home About Us Founder Opinion pieces Contact Us Opinion Piece South Africa belongs to everyone who live in it. But not belong to people who attack police. Public violence consists in the unlawful and intentional commission, together with a number of people, of an act or acts which assume serious dimensions and which are intended forcibly to disturb public peace and tranquillity or to invade the rights of others. The interest protected under the crime of public violence are public peace and tranquillity. Or public peace and security. If the concerted action by a number of people also impair or challenges the authority of the state, sedition is committed, and if the acts are accompanied by a hostile intent, the treason is committed. Section 17 0f the constitution provides that everyone “has the right, peaceful and unarmed, to assemble, to demonstrate, to picket and to present petitions”. If the demonstrations does not take place peacefully, the participants in the demonstration may render themselves guilty of public violence. The following are instances of conduct constituting public violence: faction fighting, violent resistance to the police by a mob; rioting; forcible coercion by strikers of other workers, and the breaking up and taking over of a meeting. The safety of persons is relevant here, and their safety will be threatened only if the disturbance of the peace is of a serious nature. The participants in the conduct disturbing the peace must act in concert, that is, with a common purpose. If you enter in a country, you respect the government, the boundaries, the population, and the sovereignty- that is a state. Mlotshwa 1989 4 SA 787. Salie 1938 TPD 136 Wilkens 1941 tpd 276Criminal law by snyman Opening Hours: 08h00 – 16h00 Cell: 081 7728831 Tel/ fax 031 3010341 Email: info@advocatendawo.co.za Facebook Twitter Google-plus Whatsapp Skype