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Criminal Defence Blog


Refused bail? Why?

Refused bail in South Africa

Some of the grounds on which bail can be refused Arrest is a scary business. Even when someone does something they know to be illegal, they don’t expect to be arrested. Every criminal hopes to get away with the crime. … Continue reading

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Ramaphosa appoints Judge Desai as Legal Services Ombudsman

Judge Siraj Desai

Cape Town – Retired Western Cape High Court Judge Siraj Desai has been appointed Legal Services Ombudsman by President Cyril Ramaphosa. Desai will serve in the role for seven years with the mandate to advance and safeguard the legal profession … Continue reading

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High Court dismisses Brendin Horner murder accused’s bail bid

Reprinted from The Sowetan, by Linda Kea Moreotsene – 2020-12-19 Sekwetja Mahlamba (L) had brought an application to overturn the decision by Magistrate Deon van Rooyen to deny him bail in October, to the high court. Image: ANTONIO MUCHAVE/ SOWETAN   … Continue reading

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No, a traffic official can’t confiscate your expired driving licence card

Reprinted from News24, by Janine Van der Post – 2020-12-21 Helpful advice from Wheels24. Photo: Arrive Alive A very concerning question popped up in my mailbox several times this week from various readers about expired driving licence cards being confiscated … Continue reading

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Expungement of a criminal record – what is it?

Start fresh Anyone with a criminal record faces considerable obstacles in getting a job. This is the case even for minor offences, especially now that COVID-19 has hit the job market hard. However, if the conviction is 10 years old … Continue reading

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Cannabis possession – can you be extradited?

The Constitutional Court decriminalised the possession and cultivation of dagga (cannabis) in private in September 2018. However, South Africans must not think they are immune to the laws of other countries. Although we haven’t been doing much travelling this year, when the various COVID-19 … Continue reading

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Dutch war criminal Guus Kouwenhoven’s bid to evade justice throws up legal puzzles

Reprinted from the Daily Maverick, by Caryn Dolley – 2020-12-01  Dutch war criminal Guus van Kouwenhoven. (Photo: EPA-EFE / Nic Bothma) Guus Kouwenhoven, a Dutch war criminal convicted in the Netherlands of arms trafficking, has been based in South Africa … Continue reading

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Roadblocks – what you need to know

We don’t encourage drinking and driving, but know what to do if you are stopped in a roadblock It will be December in a few days. The festive season is upon us. Despite COVID-19, there are likely to be seasonal … Continue reading

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Still no dignity for SA prisoners

Source: https://www.iol.co.za/sundayindependent/analysis/still-no-dignity-for-sa-prisoners-07e74424-777a-40e6-9d7d-576be03e7699 Written by Edwin Naidu Johannesburg – South African prisoners are nowhere near being given the human-rights friendly treatment aimed at setting them on a path to rehabilitation. Twenty-two years after Nelson Mandela said on June 25, 1998, that … Continue reading

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Harsh sentence for a minor crime

We came across an interesting case recently where the punishment most definitely did not fit the crime. A petty criminal received an unduly harsh sentence. Furthermore, there were minor children involved who might have been left without their caregiver if … Continue reading

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