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BAIL AFTER BLUE LIGHTS: HOW DOES BAIL REALLY WORK IN SOUTH AFRICA?
This follow up article picks up where the first article ended: not at the roadside, butĀ after the arrest, when the immediate panic turns into a practical question,Ā āCan they get bail?ā . InĀ South Africa, bail is not a āfee for freedomā and it is not automatic. The Constitution protects the right to be released from detentionĀ if the interests of justice permit, subject to reasonable conditions, and it also sets strict rules for how quickly an arrested person must be brought b
12 hours ago5 min read
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SECTION 21 OF THE INSOLVENCY ACT AND THE PROTECTION OF SPOUSAL PROPERTY IN SOUTH AFRICA
Insolvency law occupies a delicate space within South Africaās legal system, requiring a careful balancing of competing interests. On the one hand, it seeks to protect creditors by preventing debtors from shielding assets from lawful claims. On the other, it must respect constitutional values such as property rights, dignity, equality and fairness. Nowhere is this tension more pronounced than in the operation of section 21 of the Insolvency Act 24 of 1936 , which temporarily
Feb 127 min read
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ARREST, SEARCH AND SEIZURE IN SOUTH AFRICA: KNOW YOUR RIGHTS!
Most people only think about their rights when blue lights appear in their rear-view mirror. By then it often feels (and may be) too late. Ā Imagine being pulled over on your way home, asked to open your boot, and suddenly told you are under arrest, even though you have not been violent, you are not drunk or you were not caught committing any obvious crime. This happens to ordinary, law-abiding people every day. Ā South African law sets clear limits on when the police may arr
Feb 54 min read
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