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In Ndlovu and Others v S [2021] 1 All SA 538 (ECG) whether the trial court, acting in terms of s 35(5) of the Constitution, correctly allowed physical evidence found as a result of the unlawful search of a premises to become part of the evidential material placed before it by the state.
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With the commencement of the Cybercrimes Act on the 1st of December, it is now a crime to send WhatsApp and other messages, and to create social media posts that threaten to harm others, or which result in violence or damage to property.
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The criminal justice system and crime prevention strategies must take note of the contribution that the sociology of law can make in developing a “humane” criminal justice system to effectively contribute towards crime prevention.
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A particular aspect of the offence of incitement to commit public violence, considering the tragic consequences, is that the accused’s actual intention is irrelevant.