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The Constitutional Court, in Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening), an important case in South African criminal, delict and constitutional law, found that the State could be held delictually liable for damages arising out of the unlawful omissions of its servants.
Hoffmann nonetheless sued in the High Court of South Africa, alleging that SAA's refusal to employ him constituted unfair discrimination in violation of his constitutional rights. The Witwatersrand Local Division denied his application, finding that SAA's practice was "based on considerations of medical, safety and operational grounds" and ...
Government of the Republic of South Africa v Grootboom; Court: Constitutional Court of South Africa: Full case name: Government of the Republic of South Africa and Others v Grootboom and Others : Decided: 4 October 2000 () Citations [2000] ZACC 19, 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) Case history; Appealed from: Cape Provincial Division
The High Court's order of constitutional invalidity was referred for confirmation to the Constitutional Court of South Africa, which heard argument on 15 November 2001. The Minister of Safety and Security and the National Commissioner of the South African Police Service both intervened , contending for the validity of the CPA provisions.
Section 14(1) of the Sexual Offences Act, 1957, as amended in 1969 and 1988, read as follows: (1) Any male person who— (a) has or attempts to have unlawful carnal intercourse with a girl under the age of 16 years; or (b) commits or attempts to commit with such a girl or with a boy under the age of 19 years an immoral or indecent act; or
The applicants, three women, were arrested in 1996 at their workplace, a brothel in Pretoria.Charged in the Magistrate's Court, they were convicted of contraventions of the Sexual Offences Act, 1957 – the brothel's owner and receptionist were convicted of keeping a brothel, an offence under section 2, and a sex worker was convicted of conducting indecent sexual acts for reward, an offence ...
South African criminal law is the body of national law relating to crime in South Africa.In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted."
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...