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Filter: Criminal
Can You Be Found Not Guilty Before Defence Starts?

15 June 2026,  Hlubi Hadebe

The South African criminal justice system is built on the principle that an accused person is innocent until proven guilty.... One of the most important procedural tools that gives effect to this principle is the section 174 discharge under the Criminal Procedure Act 51 of 1977 (CPA). It allows an accused person to be released from prosecution before they are required to present a defence. This article will examine what a section 174 discharge is, how it operates, and what the courts have said about when it should be granted.

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1474
Article
Unlawful Arrests and your rights

06 December 2024,  Hesri Eloff

In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended... (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, while also safeguarding public safety and maintaining order. The CPA sets clear guidelines on when and how an arrest may be made, the powers granted to police officers, and the procedures that must be followed to ensure the arrest is lawful. Understanding the principles enshrined in this act is crucial for both legal professionals and the public, as it aims to balance the interests of justice with the protection of constitutional rights.

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8750
Article
Understanding Bail in South Africa: A Guide to the Criminal Procedure Act

04 October 2024

Bail is an integral part of the South African justice system, allowing individuals accused of crimes to remain free while... awaiting trial, provided they do not pose a risk to society or the judicial process. Governed by the Criminal Procedure Act, 51 of 1977, the bail process is complex, with various factors influencing the decision to grant bail and the conditions that accompany it. To navigate these intricacies, it is advisable to consult an attorney who can provide legal guidance and help manage the procedural dos and don'ts of bail applications. This article offers a broad look at bail in South Africa, focusing on its definition, the types of bail, and its role in the justice system.

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28127
Article
Revisiting vicarious liability in light of the Supreme Court of Appeal’s decision in Stallion Security (Pty) Limited v Van Staden.

30 January 2020

As a point of departure, the doctrine of vicarious liability means that the employer is held liable for the wrongful... acts or omission of its employees.  The difficult issue which one needs to examine when dealing with these sorts of cases is to establish whether the wrongful act arose in the course of the employee’s duties. 

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3493
Article
A brief overview of parole in South Africa

18 December 2019

Every prison in South Africa has a parole board which is tasked with considering whether or not certain imprisoned people... should be placed on parole and thus be released before the termination of their imprisonment period. Various factors such as the seriousness of the crime, the length of the imprisonment sentence as well as the behaviour of the convicted person whilst being incarcerated will be taken into account by the parole board. The parole board’s decision may also be taken on review to the Correctional Supervision and Parole Review Board. 

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6431
Article
Are the white lies on your CV really just white lies?

05 November 2019,  Meerushini Govender

October 2019, was Justice month as Ramaphosa signs in various new laws, one of them being CV Fraud. Do you... embellish your curriculum vitae to increase your chances of procuring a new job? A fake matric certificate, inflated education, fake degree certificates and unfinished degrees are some of the common embellishments that are found on a CV. 

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2924
Article

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