Category Archives: Criminal Law
Understanding refusal of bail
The case of Mabizela Nkosisikhona Do you understand how bail works in South Africa? If you or someone you know is arrested, it’s important to understand this. Bail is a sum of money paid to the court when someone is … Continue reading
Arrested and accused of a crime? What are your rights?
Our Constitution ensures criminal proceedings are fair and unprejudiced You’ve made a mistake. Now you’re in trouble. What happens following arrest? What are the rights of the accused in South African law? And how do you ensure your rights are … Continue reading
Bail application: Are there exceptional circumstances?
Reprinted from De Rebus, by Andrew Jeffrey Swarts – 2023-07-01 When a person has been arrested with or without a warrant in terms of s 50(1)(a) of the Criminal Procedure Act 51 of 1977, they shall be informed of their … Continue reading
Harsh sentence for a minor crime
We came across an interesting case recently where the punishment most definitely did not fit the crime. A petty criminal received an unduly harsh sentence. Furthermore, there were minor children involved who might have been left without their caregiver if … Continue reading
Can scratching your head or looking suspicious land you in cuffs? Court questions cop’s search method
Is scratching your head and looking around when a police officer approaches enough to be cuffed and searched? A low-key case of alleged possession of tik was heard in the Cape Town Magistrate’s Court on Tuesday and had the accused’s … Continue reading