An opinion that is as good as proof?
In general, the admissibility of evidence is dependent on whether the evidence is relevant to a fact in issue in the case. In DPP v Kilbourne the court held that evidence is relevant if it is logically probative or disapprobative of some matter which requires proof. The principle of relevance that governs admissibility is based on practical considerations such […]
Land Expropriation Bill: What it means for your landownership rights
Confusion reigns as to the purpose and effect of the newly gazetted Expropriation Bill, specifically in relation to its changes to section 25 of the Constitution of the Republic of South Africa. This article seeks to demystify the Land Expropriation Bill by unpacking its purpose, setting out its proposed changes to section 25 of the […]
Protest: Your right and responsibilities
The right to protest is enshrined in the Bill of Rights under Section 17 and reads as follows: “Assembly, demonstration, picket and petition. Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” The important part of this right is that this right is awarded to “everybody”, not […]
Can the police search a person without a warrant of arrest?
This article focuses on primarily whether the police may search a person without a warrant of arrest. On the face of it, it would appear that the search and seizure of a person and premises are in contravention with the Bill of Rights, more specifically section 14 of the Constitution of the Republic of South […]