Archive for the ‘Education’ 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

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 […]

There is some suggestion that charges of crimen injuria for the racist insults of Penny Sparrow (and others) cannot attract liability in criminal law in SA because crimen injuria requires the relevant insult to be directed at an individual rather than a group. Crimen injuria is defined as the intentional unlawful impairment of the dignity […]

Marikana: the missing links

Posted: 4th July 2015 by James Grant in Education
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The recommendation of the Farlam commission that some police members can only be charged with attempted murder because it could not be proved which officers had shot which miner is, on the law as it stands, wrong. It is important to extract the facts that this recommendation appears to concede: that these officers unlawfully fired […]

*** This is a revised and substantially expanded version of the post “Unsuccessful attempts to Justify Judge Masipa’s Errors”. It is organised around themes rather than individual commentators. *** Introduction There is something deeply disturbing about many of the attempts that have been made to justify Judge Masipa’s judgment in the Pistorius case. They seem […]

Many spectacular and sensational claims have been levelled at Oscar Pistorius in the media: that he has a bad temper, threated to break someone’s legs, is obsessed with firearms, fired a gun out of his sunroof, and another in a restaurant, was in illegal possession of ammunition and browsed pornographic websites on the night that […]