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South Africa Case Law

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Criminal Law [2016] ZASCA 155

Okah v S and Others (19/2014)

Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

The SCA held that South African courts had limited extra-territorial jurisdiction under the terrorism Act, setting aside some counts and amending the sentence.

  • Extra Territorial Jurisdiction
  • Terrorism
  • Protection Of Constitutional Democracy Act
  • Financing Of Terrorist Activities
  • Conspiracy
  • International Instruments
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Administrative Law [2015] ZAGPPHC 1037

Mubake and Others v Minister of Home Affairs and Others (72342/2012)

Mubake and Others v Minister of Home Affairs and Others (72342/2012) [2015] ZAGPPHC 1037; 2016 (2) SA 220 (GP) (9 July 2015)

The court held that separated children accompanying adult asylum seekers are dependants under the Refugees Act and must be documented pending any further welfare inquiry.

  • Refugees Act Interpretation
  • Child Rights
  • Dependant Definition
  • Bill Of Rights Limitation
  • International Instruments
  • Best Interests Of Child
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Criminal Law [2005] ZASCA 127

Director of Public Prosecutions Kwazulu-Natal v P (363/2005)

Director of Public Prosecutions Kwazulu-Natal v P (363/2005) [2005] ZASCA 127; [2006] 1 All SA 446 (SCA); 2006 (3) SA 515 (SCA); 2006 (1) SACR 243 (SCA) (1 December 2005)

The Supreme Court of Appeal found that the trial judge placed excessive emphasis on the accused's personal circumstances and insufficient weight on the gravity of the offence and the interests of society. The accused, though young, acted with premeditation and brutality, arranging the murder of her grandmother and rewarding the killers. The postponement of sentence with correctional supervision was inappropriate given the seriousness of the crime. The Constitution and international instruments require detention of children only as a last resort and for the shortest appropriate period, but do…

  • Juvenile Sentencing
  • Constitution Section 28
  • Correctional Supervision
  • Proportionality In Sentencing
  • International Instruments
  • Murder
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.