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Van Zyl Retief

Lawyer Arrested for Speeding: Was it a Lawful Arrest?

The social fabric of the South African society continues to be tainted by high crime rates, domestic violence, and gender-based violence. The South African Police Service (“SAPS”) carries a constitutional and statutory responsibility to combat crime and maintain public order. Unfortunately, wrongful arrests remain a persistent problem in South Africa. On numerous occasions, citizens are arrested, detained, humiliated, and exposed to public embarrassment in circumstances where such arrests […]

Can You Record the Police? The Jacobs Ruling Says Yes

In a recent ruling by the Johannesburg High Court – Jacobs v Minister of Police and Others (2021/6576) [2025] ZAGPJHC 722 (12 June 2025) – South Africans’ legal right to film and question police officers has been affirmed. The case brought much-needed clarity on the everyday interactions between citizens and law enforcement, confirming that recording […]

Beyond reasonable doubt: What does it mean?

We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are very familiar with the phrase, “beyond reasonable doubt”. But what does the phrase mean, and where does it fit in court cases? Background:  In litigation, there is a distinction […]