As the defence in the Jub Jub murder trial continues in Soweto it is becoming apparent that the form of intention required for a conviction is not completely understood by the hip-hop star. Murder is the unlawful and intentional killing of another human being. Intention is divided into three types of dolus as opposed to…
While speculation is rife about the current state of former police commissioner Jackie Selebi’s health, and pursuant thereto the possibility of him reporting to prison to begin serving his sentence, one thing is certain at this stage, he does not, as yet, qualify for medical parole. In terms of section 79 of the Correctional Services…
While going through the Sunday papers it became clear to me that the media are under immense pressure to stay within the bounds of South African law. Not only is a Protection of State Information Bill on its way but the National Prosecuting Authority Act and even the case law prohibiting the naming of litigants…
While academics and theorists debate potential scenarios which may arise out of the Protection of Information Bill let’s take a trip in a time machine to a bail application that we can look forward to at the end of next year. Hopefully this will finally bring home the reality as opposed to the theory. BAIL…
In light of the current legal action being taken by presidential spokesperson Mac Maharaj against the Mail & Guardian for what he claims are breaches of the National Prosecuting Authority (NPA) Act, coupled to the decision to proceed with all haste, and very little consultation, on the Protection of Information Bill, the very least South…
While I specialised in criminal law in 1997 I have been inundated with divorce matters almost from the time that I elected to narrow down the cases that I would be prepared to deal with. The problem is that ordinary people, both men and women, who feel slighted or emotionally scarred by their spouse’s conduct,…
The Protection of State Information Bill will be tabled in the National Assembly on Wednesday where it may be referred to a parliamentary ad hoc committee or passed and sent to the National Council of Provinces for deliberations. This does not mean that it cannot be amended or modified before being sent to President Jacob…
The verdict of guilty of involuntary manslaughter delivered by the jury in the People of the State of California v Dr Conrad Robert Murray is, in my humble opinion, the correct one. The decision by Judge Michael Pastor to deny Murray bail pending sentencing and appeal is however an aberration without any basis therefore. Let’s…
Dan Newling, a Cape based journalist who writes for the UK Daily Mail, has taken an in-depth look at the murder of Anni Dewani while she was on honeymoon in Cape Town during 2010. The article, which includes substantial details of the events leading up to the murder, includes a number of compelling questions which…
Vincent Tabak, the Dutch national who murdered Joanna Yeates, apparently used Google to research the definitions of “murder”, “manslaughter” and “sexual assault” in the days and weeks after committing the egregious crime. Tabak, no doubt, was trying to assess his prospects in employing a defence which, if he was caught, would allow him to admit…
