By Jolane van der Walt-Nieuwoudt (LLB) (LLM) The right to privacy is a cornerstone of individual freedom, protected by Section 14 of the Constitution of the Republic of South Africa. However, the delicate balance between this right and the state’s duty to maintain public safety is exemplified in the complex interplay between Section 14 and […]
That truly is a scary question. However, yes, in a nutshell, you may have spent Christmas in jail! If you, however, managed to succeed in that quest and not get arrested, there is another Mission to be Responsible challenge that lies ahead. If you get arrested this Friday the 29th of December 2023, it is indeed […]
By Jolane van der Walt-Nieuwoudt (LLB) (LLM) Section 200(2) of the Constitution of the Republic of South Africa, 1996 states that “the primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use […]
An arrest often happens when you least expect it. Sometimes, in less serious cases, you are granted Police Bail. This is when you may leave the Police Station’s holding cell, go home and then return for the Court appearance. However, sometimes what is required is a formal bail application in Court. This is when you […]
Question received “The police came to my house and went through my things and looked under the carpet yesterday. I have nothing to hide so I let them come in but explain please how a police does get the right to come into my house? They found nothing and walked away.” Reply In order […]