Search results
Results From The WOW.Com Content Network
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
The eviction procedure excludes the rei vindicatio and other common-law remedies for the vindication of ownership rights. PIE has application also where the occupation was lawful to begin with but became unlawful later. [7] Different procedures are set out under PIE for private owners, [8] urgent applications [9] and organs of state. [10]
Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd [1] is an important case in South African law: the leading case, indeed, on disputes of fact. It was heard in the Transvaal Provincial Division on April 28 and 29, 1949, with judgement on July 15. Murray AJP, Ramsbottom J and Blackwell J presided. A.
Minister of Health & another v New Clicks SA (Pty) Ltd & others: in re Application for Declaratory Relief [1] [2] is an important case in South African law, with significance especially in the areas of civil procedure and constitutional law.
A court must also ensure that the trial is fair overall, and in that process, balance the interests of the accused with that of society at large and the administration of justice. [ 60 ] Because this broad concept of trial fairness cannot, presumably, be found in section 35(3), Yacoob J locates it in section 35(5).
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system.It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal.
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Application for an emoluments attachment order may be made when the court has suspended the execution of an order or warrant for the imprisonment of a judgment debtor in terms of section 65F(2), pending the payment by the judgment debtor of the judgment debt and costs in specific instalments as determined in the suspension order; or