Archive for the ‘Criminal Law’ Category

Some people are wondering whether an accused person may be identified before he or she has appeared in court and pleaded. The short answer is no – she of he – to the extent to which she or he is an accused – may not be identified. This follows from reading sub-section 154(2)(b) with sub-section […]

James Grant[1] Introduction The recent decision of the Constitutional Court in Minister of Justice v Prince[2](“MOJ v Prince”)was met with ululation in court. The Court found decisively in favour of the private use, cultivation and possession of cannabis – in private. The decision went to far for some, and not far enough for others. It […]

On Tax Revolts and Timing

Posted: 27th January 2019 by jamesgrantlaw in Criminal Law, Education, Tax, Tax revolts, unlawfulness, Zuma

I take it as uncontroversial that one is entitled to insist that a government which extracts taxes from one, must use it for legitimate government purposes. I expect also that if a government was misappropriating or misapplying those taxes, one would be entitled to, at least, divert your taxes to an entity or trust which […]

Basic Introduction to Law

Posted: 9th October 2018 by jamesgrantlaw in Criminal Law, Education

Of Grace and Immunity

Posted: 17th August 2017 by James Grant in Criminal Law
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Grace Mugabe’s only possible claim to diplomatic immunity is to the immunity of a special envoy or representative of another state. This is recognised under s 4 (2) of the Diplomatic Immunities and Privileges Act 37 Of 2001 (the”Act”), as follows: “A special envoy or representative from another state, government or organisation is immune from […]

Police's limited licence to kill

Posted: 7th April 2017 by James Grant in Criminal Law, Education, Zuma

The extent of force permitted in effecting and arrest is different to the extent of force permitted in private defence. An arrest serves one legitimate purpose only: to secure attendance of a suspect at court to answer to a charge. The purpose of the right to use force in private defence is to protect person […]

Introduction In the early hours of Friday morning, 31 March 2017, following a meeting with senior ANC officials, President Jacob Zuma announced that he had decided to reshuffle his cabinet. The reasons he gave were that the reshuffle was for effectiveness and efficiency and to draw younger people and women into the cabinet. Amongst those […]