Find a South African Lawyer in SA's leading Legal Directory |

Areas of Law and Guides

Criminal Law

Criminal Law

With drunk driving laws in South Africa becoming stricter, more and more people are being caught at police road blocks - guilty of driving under the influence of alcohol. If you've been caught drunk driving, you may need legal advice on how to proceed to best protect your rights in Court.

Do I need a Lawyer? Do I need to go to Court? Should I plead guilty? What are my rights once I've been arrested? What is the blood alcohol limit? What is a breathalyser machine? Can they take my driver's licence away from me?

What happens if, for example, you've been assaulted by someone, been robbed, or if you've had your life threatened? Can you report it to the police? Will they investigate the crime? When will you go to Court?

These are all questions that our qualified Lawyers can assist you with. We have a whole panel of criminal Lawyers who can assist you with your Criminal Law question today!

Most recent Criminal Law Articles posted

NPA freezes Bobroff millions in Israel

The NPA has revealed that its Asset Forfeiture Unit (AFU) had frozen two hidden bank accounts in Israel, containing around R100m, of fugitive fraud suspects Ronald Bobroff and his son Darren, says report on the IoL site. ‘The huge freezing order was the result of excellent co-operation between both the South African and Israeli authorities,’ the NPA said.

Police Ministry found liable for stepfather's damages

Taxpayers will have to pay for the pain inflicted on a Mahikeng man by the police, which started with a complaint by a neighbour that he had assaulted his stepdaughter (3). According to a report on the IoL site, Petrus Tshisi was left with injuries across his body, before he was thrown into a police vehicle and locked up in a cell for a few hours. Tshisi claimed R1.2m in damages from the Police Ministry, saying the incident not only left him with physical scars, but post-traumatic stress disorder as well.

Deputy Minister Manana remains out of jail

Confusion between the police and the NPA over who should make the call to arrest Higher Education and Training Deputy Minister Mduduzi Manana may have kept him out of jail yesterday. A Cape Times report says Manana has admitted to assaulting a young woman, Mandisa Duma, at Cubana Restaurant in Fourways at the weekend. An NPA spokesperson claimed the NPA had not received the docket by 4pm yesterday afternoon.

Another Enviroserv official criminally charged

Coastal operations manager Clive Kidd is the latest Enviroserv official to be criminally charged alongside the company on several allegations of contravening environmental legislation at the Shongweni landfill site, according to a Sunday Tribune report. It notes that in April, the NPA charged waste management giant Enviroserv and its chief executive, Dean Thompson.

Sting operation busts human trafficking ring

A sting operation by the SAPS, the Hawks and Interpol has foiled a human-trafficking incident that could have led to at least 14 young women from as many countries falling prey to a fake Internet modelling competition, notes a Sunday Tribune report. Among the women who were lured to the web-based scheme was a 24-year-old South African from Bloemfontein, while others came from as far as Barbados and several Asian countries.

'Terminally ill' Shaik still working and playing golf

Eight years after being released on parole for ‘health reasons’‚ convicted fraudster Shabir Shaik is still regarded as being ‘terminally ill’ – despite his house arrest conditions being relaxed so that he can work and attend sports should he wish to. A TimesLIVE report says this has emerged in a response by Minister of Justice and Correctional Services Michael Masutha to a parliamentary question from the DA.

Push to move rhino poaching case to High Court

Pressure is building on the NPA to take the case of alleged rhino poaching kingpin Dumisani Gwala out of the Magistrate's Court and into the High Court. According to a TimesLIVE report, activists and political parties said last week that allegations of corruption and intentional delays in Gwala's case – which has been remanded at least 14 times since it was moved to the Egwelezane Magistrate’s Court in Zululand in the beginning of 2016 – meant that justice was unlikely to be seen.

Alleged fake lawyer to conduct own defence in fraud case

Alleged fake lawyer Brenda Wardle, who regularly provided legal analysis for prominent news organisations for years, was yesterday adamant she would conduct her own defence in her fraud trial involving more than R0.5m. Not only will Wardle prepare her own papers for trial, she told the Port Elizabeth Commercial Crimes Court that she also wants to conduct her own defence at her intended bail appeal.

Court's tough stand on reckless driver welcomed

The Road Traffic Management Corporation has welcomed a sentence handed down to a motorist guilty of reckless‚ negligent and inconsiderate driving, says a TimesLIVE report. The Cullinan Magistrate’s Court sentenced Olayori Abdul Bakare to a fine of R10 000 or two years imprisonment. His driver's licence was suspended for five years.

Uber seeks ministerial intervention in taxi war

Uber SA has called for an urgent ministerial meeting to address the on-going war between its partner drivers and the traditional metered taxi industry, especially in Gauteng. A Cape Times report says this comes after an Uber driver-partner, Lindelani Mashau, died on Monday after suffering serious burn wounds. Mashau was in his car when it was set alight – allegedly by metered taxi drivers – outside Loftus Versfeld in Pretoria over a month ago.

Mother accused of trying to defraud estate

The mother of two Olympic athletes is facing a 15-year prison sentence after being accused of forging her deceased husband’s will and trying to defraud his estate of millions, says a Saturday Star report. Adelene Toxopeus (58), mother of Olympic marathon runner Irvette van Zyl and mother-in-law of Olympic hurdler LJ van Zyl, has been accused of forging several documents to swindle millions from the estate of her late husband, Pieter.

Justice at last for victim of police shooting

More than 11 years after he was shot in the leg by police and then detained for 64 days, during which time he had to have his suppurating leg amputated, a former bricklayer has finally got justice, says a News24 report. Judge Thoba Poyo-Dlwati, in the KZN High Court (Pietermaritzburg) ordered the Minister of Police to pay Sinovuyo Godlo almost R7.8m in compensation and to pick up the bill for his legal fees and expert reports.

Corrupt Prasa locomotives deal set aside

Slamming corruption in SA as a cancer ‘eating at the fabric of our society’, Gauteng High Court (Johannesburg) Judge Ellem Jacob Francis yesterday set aside Prasa’s controversial R3.5bn contract with Swifambo Rail Leasing for new locomotives too tall for SA's rail network, notes Legalbrief.

Committee condemns attacks on journalists

Parliament’s Communications Committee has condemned the recent intimidation of journalists, and has sent its condolences to the family of Suna Venter, says a News24 report. Committee chairperson Humphrey Maxegwana said the committee was saddened to hear of Venter's death, adding that she had left an indelible legacy of speaking truth to power.

Western Cape government liable for baby's death

The Western Cape government is to blame for the death of a baby at an unregistered daycare centre‚ a judge has found. Five-month-old Ava Barley suffocated after she rolled off a bed at a Cape Town daycare centre in 2010. A report in The Times notes Judge Daniel Dlodlo, of the Western Cape High Court, found that despite its excuses and ‘bald denials’ of responsibility, the Social Development Department was liable to pay damages to her parents‚ Craig and Riette Barley.

Judge raises concern over Facebook harassment

The use of cellphones in prisons was one of the concerns expressed by KZN High Court (Durban) Judge Esther Steyn when she handed down a 31-year prison sentence to a man who haunted his ex-girlfriend through Facebook messages while in prison, says a Daily News report. Steyn said something needed to be done about it.

Embracing technology to promote justice

The judgment handed down by the SCA last week regarding the filming of Henri van Breda’s criminal trial is a significant one, writes Willem de Klerk, an experienced litigation attorney and Johannesburg-based media lawyer, in an analysis on the News24 site. He says it adds to a body of law developed in recent years that promotes the principle of open justice and finally closes the door on the blanket exclusion of cameras in court.

Van Breda wins live-streaming battle

Murder-accused Henri van Breda has won his battle in the SCA to prohibit Media24 from live-streaming his trial, notes a News24 report. ‘The matter is remitted to the High Court for reconsideration in accordance with the principles set out in the judgment,’ the SCA ruled yesterday, ordering Media24 to pay Van Breda's costs.

Accused Ponzi scheme pastor's houses auctioned

Two posh mansions owned by a Cape Flats pastor accused of running a multi-million rand Ponzi scheme has gone under the hammer. According to a report on the IoL site, the five-bedroom Plattekloof house of Colin Davids, the director of Platinum Forex Group, was sold within 10 minutes at an auction held at the property in Melkhout Street. Bidding started at R2m and the highest bid received was a whopping R4.6m.

Judgment ends 20-year limit on sex offences

Allegations of sexual assault can be pursued at any time and are no longer restricted to 20 years‚ the Gauteng High Court (Johannesburg) ruled yesterday, according to a TimesLIVE report. Eight alleged victims of the late philanthropist Sidney Frankel‚ who accused him of assaulting them when they were children‚ have won their case to change the law that limited sexual offences other than rape to a prescription period of 20 years.

Mentioned in