SpletThebus has been criticised, though, for having dispensed with thecausation element, and for its infringement on the presumption of innocence and the requirement that the prosecution prove each element of the crime. See Burchell 580-588; Snyman 263-272. WHEN DOES A COMMON PURPOSE ARISE? SpletPhenithi v Minister of Education and Others (CCT35/03) [2003] ZACC 16; 2003 (11) BCLR 1217 (CC) (6 October 2003) Gcali v Member of the Executive Council for Housing and Local Government, Eastern Cape and Others (CCT29/03) [2003] ZACC 17; 2003 (11) BCLR 1203 …
List of court cases for LCRM 1524 2024 - Studocu
SpletThe S v Thebus5 decision in 2003 saw the common purpose doctrine, in the active association form, pass constitutional muster. As of late the doctrine has again attracted negative criticism when the National Prosecuting Authority (NPA) decided to prosecute … SpletSupreme Court of Appeal in MAGADLA v S, 80/2011 [2011] ZASCA 195 delivered on 16 November 2011, (unreported), at paragraph [22] and further. [13] The right to remain silent and its effect on the disclosure of an alibi defence was thoroughly discussed and considered in the S v THEBUS & another 2003(6) SA 505 (CC) at 533 and further. interstate highway act lbj
Case CCT 36/02 ABDURAGHMAN THEBUS First Appellant
Splet“The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force.” 2 SpletPosts tagged as S v Thebus and Another 2003 (6) SA 505 (CC) The lethargy of the Constitutional Court justices to engage one another x Bookmark Reflections on Jacobs and Others v S 2024 (5) BCLR 562 (CC) By Phindile Raymond Msaule Judges account to the … SpletThe plaintiff claimed that the conduct of the police was an infringementof his fundamental rights (S10,11,13 & 25). The plaintiff claimed delictual damages and constitutional damages which had an element ofpunitive damages. An action for constitutional … interstate highway bridges clearance