Sarptyd

Stop unlawful arrest and detention: A fresh, new look by the SCA at unlawful arrest and detention

– Diljan v Minister of Police (Case no 746/2021) [2022] ZASCA 103 (dated 24 June 2022) (SCA) Relevant legal provisions applicable to this judgmentSection 40(1)(b) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:“40 Arrest by peace officer without a warrant(1) A peace officer may [in Afrikaans text: ‘kan’] without warrant […]

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What is a petty offence?

buy this article By Brig Dirk Lambrechts IntroductionA petty crime/offence (Afrikaans: “‘n geringe/nietige/klein misdaad/misdryf”) means that the crime/offence concerned (usually theft-related, but see S v Visagie infra) is embodied in the Latin maxim de minimis non curat lex which literally means that “the law does not concern itself with trifles or paltriness”. Translated into Afrikaans,

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Crowd Control

– Lehlehla v Minister of Police, (1315/2014) [2022] ZAWCHC 235 (17 November 2022) (WCC) Ms Dibakiso Alleta Lehlehla, the plaintiff (Afrikaans: “eiser”), claimed damages (Afrikaans: “skadevergoeding”) from the Minister of Police, the defendant (Afrikaans: “verweerder”), of R2.7 million before the High Court in Cape Town, from an incident that occurred on 10 August 2011 in

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Meet the “language detectives”: The importance of forensic linguistics

buy the april issue By Annalise Kempen Forensic science and the application thereof have become more familiar to the public mostly due to television programmes such as the infamous CSI and NCIS that feature some of the forensic methods commonly used to solve crime. We have also become accustomed to the fact that forensic experts

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