What is Section 24 2 of the Charter?
Section 24(2) obliges law enforcement authorities to respect the exigencies of the Charter and precludes improperly obtained evidence from being admitted when it impinges on the fairness of the trial (R. v. Burlingham, [1995] 2 S.C.R.
What does section 24 1 of the Charter mean?
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
What is a declaration of invalidity?
Declaration of invalidity: section 172(1)(a) of the Constitution requires the court to declare any unconstitutional law or conduct to be unconstitutional to the ‘extent of its inconsistency’. A declaration of constitutional invalidity is the mandatory and default remedy.
What are some of the rights protected in the CCRF?
Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.
What is non Conscriptive evidence?
If the evidence is non-conscriptive, its admission will not render the trial unfair and the Court will proceed to consider the seriousness of the breach and the effect of exclusion on the repute of the administration of justice.
What is a right without a remedy?
One lesson for first year law students is “no right without a remedy” – meaning that a right protects you only insofar as you have a remedy for its violation. This principle is old enough to have a Latin version: Ubi jus ibi remedium.
How long is a court order valid for in South Africa?
Limitation period. Three years after a judgment expires, no writ of execution can be issued unless the debtor consents or unless the judgment is revived by the court on notice to the debtor (in which case no new proof of the debt is required) (Rule 66, Uniform Rules of Court).
Who is the best Judge in South Africa?
Mogoeng Mogoeng
| The Honourable Mogoeng Mogoeng | |
|---|---|
| Justice of the Constitutional Court of South Africa | |
| In office October 2009 – 11 October 2021 | |
| Appointed by | President Jacob Zuma |
| Judge President of the North West High Court |
What is Conscriptive evidence?
Conscriptive evidence could include a statement, but also “real” evidence discovered as a result of the statement. This sort of evidence came to be known as “derivative” evidence.
What are the 3 rights of a citizen?
As a society based on individual freedom, all Americans have the inherent right to pursue “life, liberty, and the pursuit of happiness,” as long as such pursuit does not interfere with the rights of others.
What two remedies are available in a civil lawsuit?
Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.
What is remedy example?
The definition of a remedy is a way of correcting something or is a treatment given for an illness or medical condition. An example of remedy is when you say you are sorry for an argument. An example of remedy is an antibiotic for a bacterial infection.
Does a protection order stay on your record in South Africa?
A final protection order in South Africa remains valid until it is set aside or cancelled by court.