Section 35(5) of the constitution places a duty upon the court to exclude evidence that has been obtained in a manner that violates any constitutional right. However, this duty is activated only if the admission of the unconstitutionally obtained evidence would render the trial unfair...
Research All employees in the private security sector, irrespective of their job description, must become members of the Private Security Sector Provident Fund (PSSPF), and likewise, all employers in the sector must participate in the provident fund. If this seems to be stating the obvious, the Financial...
ISSUE: Can an employee be held liable for an accident, driving an employer's vehicle? Definition of vicarious liability: It is trite law in South Africa that an employer will be vicariously liable for the negligent act of his or her employee/employees or agent/agents, in the event of...
“New facts” can be seen as facts that came to light after the refusal of bail, and they also include circumstances which have changed since a bail application was refused. New facts cannot be facts previously presented or those facts previously presented merely just reshuffled, but...
A lot of people are, for one reason or another, keen to adopt a child but dread the process due to insufficient information. But what is adoption? Are all adoptions the same? Adoption is defined as the act of legally taking someone else’s child and raising that...
In a case of driving under the influence of liquor, the state must prove beyond a reasonable doubt that the accused drove a vehicle on a public road while under the influence or while the alcohol content of the accused's blood exceeded 0,05g per 100ml. When...
Although, legally, cohabitants do not have the same rights as partners in a marriage or civil union, the South African courts have on occasion come to the assistance of couples by deciding that an expressed or implied universal partnership exists between them. A universal partnership...
Social media tools help to link people with common interests and facilitate a wide variety of activities in the legitimate sector. Such popular communication and business tools may also facilitate work in the illegitimate sector, even the work of criminal organisations. The use of social...