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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 ...
In terms of the procedure adopted in the Magistrates’ Courts, there is a distinction between emoluments attachment orders (which relate to the attachment of the salary or wages owing or accruing to the judgment debtor by a third party), and garnishee orders (which relate to the attachment of all the other kinds of debts which may be owed to ...
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The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
New-order legislation refers to the whole body statute law enacted in South Africa since 1994.It includes both the Interim Constitution and the current Constitution of 1996, under which all such legislation has been enacted, and with which all legislation must be compatible if it is to be valid.
Separate rules apply for statements qualifying as confessions. [8] The Constitution, in section 35(1)(c), may well provide an opportunity for courts to overrule the arbitrary distinction previously made between the admissibility of confessions and the admissibility of admissions. See S v Orrie and S v Molimi.
This template is used to cite cases, legislation and other materials listed in the Southern African Legal Information Institute (SAFLII) database. You should look up the case you wish to cite on SAFLII, then refer to the URL of the web page on which the case appears to fill in the information required by the template.
S v Mokgethi en Andere [1] is an important case in South African law, with the court's determination that, in general, a perpetrator's action, which is a sine qua non for the death of the deceased, is too remote from the result to give rise to criminal liability if