S v jezile case summary
Web23 mar 2015 · The defendant, a 28 year old man, arranged a customary marriage with the complainant’s uncle which led to her abduction. The complainant was, at the time, 14 … WebThrough Women’s Recourse-seeking Journeys By Nyasha Karimakwenda KRMNYA002 Submitted to the University of Cape Town Thesis presented in fulfilment of the requirements for the degree of Doctor of Philosophy Faculty of Law Department of Public Law 24 July 2024 Supervisor: Professor Dee Smythe .
S v jezile case summary
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Web**Jezile v S (National House of Traditional Leaders and others as ** amici curiae) [2015] 3 All SA 201 (WCC) Division: WESTERN CAPE DIVISION, CAPE TOWN Date: 23 March … WebThe complainant’s father is deceased and she lived with her maternal grandmother and other family members because her mother worked in a nearby village or town and was …
WebJezile v. State The appellant was convicted in a regional magistrates' court of one count of human trafficking, three counts of rape, one count of assault with intent to cause grievous bodily harm, and one count of common assault against a 14-year-old schoolgirl, whom he had married in accordance with customary marriage laws. WebThe court found that Mr. Jezile relied on an aberrant form of Ukuthwala that involved unlawful sexual coercion to subdue an underage girl who did not consent to the …
Web23 mar 2015 · The defendant, a 28 year old man, arranged a customary marriage with the complainant’s uncle which led to her abduction. The complainant was, at the time, 14 years old. The custom of abducting girls for the purposes of marriage, sometimes with the permission of their family, is known as ukuthwala in South Africa. Web1 ott 2014 · In a judgment handed down by the Supreme Court of Appeal on 25 September 2014, in the case of RH v DE (Case No: 594/2013), the court found that “the action derived from the actio iniuriarum and based on adultery, which afforded the innocent spouse a claim for both contumelia and loss of consortium, is no longer wrongful in the sense that it …
In evaluating the evidence the magistrate,mindful of the cautionary rules pertaining to a single, youthfulwitness such as thecomplainant, found her testimony to be bothhonest and reliable. She found that there was no evidence to suggestthat the complainanthad willingly left her home without her … Visualizza altro The facts which became common cause duringthe trial are succinctly set out in the trial court’s judgmentand we can do nobetter than to largely repeat them, amplifying wherewe consider it necessary. During … Visualizza altro Before turning to the submissions of theparties and amici curiae,we set out, in broad outline, the relevant constitutional andlegislative provisions, as well as relevant … Visualizza altro The state adduced the evidence of fourwitnesses, namely the complainant, her mother, the police reservistwho had taken her statementand Dr Narula who had examined … Visualizza altro The appellant thus raised as one of hisdefences and grounds of appeal to the charges of trafficking and therapes, that he wasin a customary marriage with the complainant … Visualizza altro chisholm chisholm \u0026 kilpatrickhttp://www.saflii.org/za/cases/ZAWCHC/2015/31.html chisholm chisholm \u0026 kilpatrick tdiuWeb40 R v Mane 1948 (1) All SA 128 (E), 130. 41 R v Swartbooi 1916 EDL 170, 171–172. 42 S v Jezile 2015 (2) SACR 452 (WCC). 43 Prevention and Combating of Trafficking in Persons Act 7 of 2013. 44 Children’s Act 38 of 2005. 45 Recognition of Customary Marriages Act 120 of 1998, section 3. chisholm city councilWeb17 ott 2024 · The ratio decidendi (plural: rationes) is the reason for a judge’s decision in a case. The ratio is the judge’s ruling on a point of law, and not just a statement of the law. Obiter dictum (plural: dicta) are legal principles or remarks made by judges that do not affect the outcome of the case. chisholm city hallWebappellant, Mvumeleni Jezile ( Jezile) after forcefully marrying a 14 year old girl from Eastern Cape and trafficking her to Cape Town, was initially sentenced to twenty two years … chisholm civil serviceWebThe Jezile case highlights the disjuncture between communities’ lived realities and the constitutional imperatives of the right to practice one’s culture, as well as the rights to equality and dignity, specifically for women and the girl child in the context of ukuthwala. chisholm claireWebvulnerability of parties affected by the law (cf. Shilubana and Others v Nwamitwa, 2009). THE FACTS OF THE CASE AGAINST JEZILE It arose from the judgment of the court (cf. S v Nvumeleni Jezile 2014) that Mr Jezile (28 years) went to his home village in the Eastern Cape for the purpose of marriage. The young chisholm clan tartan