The Use of Force during Civilian Arrest
THE USE OF FORCE DURING CIVILIAN ARREST There are only a few instances where the killing or injuring of a person is justified in terms of the Criminal Procedure Act. The South African Police Service (SAPS) is authorised by section 205(3) of the Constitution (Act No. 108 of 1996) to prevent, combat and investigate crime, […]
Losing your firearm – what procedures to follow
WHAT PROCEDURE TO FOLLOW WHEN YOU’VE LOST YOUR FIREARM If the owner of a firearm should realise that he or she has lost his gun, the person should immediately act in accordance with the Firearms Control Act, 2000 (Act No 60 of 2000) and the relevant regulations. According to section 120(11) of the act, every […]
TAPA 2019 conference to be held in July
The South African branch of TAPA (Transported Asset Protection Association) will be holding its annual conference at Emperor’s Palace, Gauteng on 26 July 2019. Among the presenters will be Hein Gonzales who will speak on the topic ‘Firearm law vs. criminal law: Know your rights!’ Gonzales is an admitted attorney with the right of appearance […]
Community ‘very happy’ after man accused of Siphokazi Booi’s murder denied bail
Heinrich Gonzales, who is acting on behalf of an advocacy group, Action Society on the organisation’s watching brief on this case, said even though the accused enjoyed the presumption of innocence entrenched in the Constitution, that was still a small victory for justice regarding gender-based violence in general. Click the button below to access the […]
Overview of property and conveyancing
Overview of property and conveyancing Conveyancing is a complicated and time consuming process, particularly in transactions regarding the subdivision or consolidation of properties, the registration of servitudes or transfers of divorce or deceased estates. In this blog we give you an overview of property and conveyancing. The transfer process Once a seller has accepted an […]
Lesbian couples now equal parents of a child conceived through artificial insemination
Lesbian couples now equal parents of a child conceived through artificial insemination The practical effect of amending Section 40 of the Children’s Act will legally regard a child born from artificial fertilisation (AI) as the child of both life partners. The Gauteng High Court in Pretoria recently declared Section 40 of the Children’s Act as […]
Unlawful arrest costs minister of police dearly
Unlawful arrest costs minister of police dearly R275 000 in damages, with interest at a rate of 10% from the date of demand to the date of payment added, is what a wrongfully detained man can now look forward to receiving. The costs of his High Court application must also be paid by the defendant, […]
The Seriousness of Drunk Driving and The Law
The Seriousness of Drunk Driving and The Law If the seriousness of drunken driving charges is not enough to deter you from getting behind the wheel, consider the potentially fatal consequences that might result when you do not pay attention to your blood alcohol level. “One for the road,” as the old adage goes, is […]
Interim divorce orders cannot be appealed, the Constitutional Court rules
Interim divorce orders cannot be appealed, the Constitutional Court rules During a divorce, a judge may order one of the spouses to pay maintenance while the divorce is being finalised, known as an interim order. Sometimes spouses file an appeal against these interim rulings, causing delays and leaving their ex-partner and children without funds to […]
South African maintenance defrauders can run but can’t hide long enough
South African maintenance defrauders can run but can’t hide long enough Take Note: This is the crux of a case escalated to the Supreme Court of Appeal (SCA) in SA recently. Maintenance orders will only prescribe after 30 years and not three, the Supreme Court of Appeal has ruled in a judgment that brings new […]
