The extradition[1] expedition.

Basically, you’re Shantaram.[2] Fleeing a country where you’re an alleged or committed criminal. And hiding out in (in his case) India[3]. But you’re living on the low down and dodging the police at all costs, because they’ll send you back to that country where you will have to face what you did/ did not do.

If you aren’t much of a reader, then that analogy was pretty pointless. So take Shrien Dewani’s[4] case. In March, the England courts[5] found him mentally unstable and therefore ruled that it would be unjust to extradite him here to stand trial. He returns to these English courts today,[6] so we’ll see what they have to say now.

So that’s what extradition’s all about.

Here’s what it’s like in South Africa:

We have a glittery Constitution that we’re all proud of. We dote over it. We look down on other countries’ constitutions. And we take it very seriously.

And in it is the just-as-glittery Bill of Rights, which protects, among others is the right to life.[7] The Constitution goes on to say that everything must promote the ‘spirit purport and object of the Bill of Rights’.[8]

So what do we do when someone, an alleged murder from Botswana let’s say, is wanted for their crime, and the death penalty is a possible outcome of their trial? Does South Africa protect their right to life and say that they cannot be extradited if it will directly result in their death? Or does South Africa let other countries follow their laws, we follow ours and everyone’s happy?

Turns out, we respect the right to life. In this case, ‘a Botswana national wanted for murder may not be extradited unless that country gives the assurances that he would not face the death penalty’.[9]

Judge Edwin Cameron[10] ruled that it would be a breach of our statutory values to send him off to be killed. Because of what they decided, the country (in this case Botswana) must make an agreement with South Africa that he will not face the death penalty, and then he can be extradited.

Constitutionally, that sounds pretty logical. Practically? I’m not sure. If I were a convicted criminal fleeing a possible death penalty, South Africa would now become my choice destination.

What do you think?

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[1] ‘The transfer of an accused from one state or country to another state or country that seeks to place the accused on trial.’ Legal Dictionary, viewed on 31 July 2012 at http://legal-dictionary.thefreedictionary.com/extradition.

[2]Gregory David Roberts, Shantaram, http://www.shantaram.com/.

[3] For India’s position on extradition, http://cbi.nic.in/interpol/extradition.php

[4] Who allegedly arranging the killing of his wife, Anni, when they were honeymooning in South Africa in 2010.

[5] Or, more specifically, The Royal Courts of Justice.

[6] Dube Dudu, The New Age, ‘Dewani Has Day In Court’, viewed on 31 July at http://www.thenewage.co.za/57620-1007-53-Dewani_has_day_in_court.

[7] Constitution, s 11, viewed at https://voetnotes.wordpress.com/sources/.

[8] Ibid at  S 39 (2).

[9] Jenni Evans, IOL, ConCourt Rules on Botswana Extradition viewed on 31 July at http://www.iol.co.za/news/africa/concourt-rules-on-botswana-extradition-1.1350953#.UBeHkReOC-p.

[10] He’s that cool Constitutional Court judge who announced that he was gay and living with HIV when he was applying to be a ConCourt judge.

It’s a doggy dog world[1]

I love dogs. So I’m posting this very gingerly, and I’m hoping you’re nice people who read this.

Because if you’re a grumpy neighbour who does nothing all day but time how long the next-door dog barks for, and occasionally read novice law blogs, then you could be a real meany with this.

So stop reading if that’s you. And I hope your stopwatch drops into the loo.

For those of you who are nice and like dogs, I happened across the Cape Town by-laws[2] for what you are and are not allowed when it comes to your pooch. These were only passed in August last year so maybe you didn’t know some of these.

I’m only listing the particularly peculiar ones. And only the law when it comes to dogs. If you’re a cat lover and sick of LOL cats, then click here for the full spiel of Animal By-laws: http://discover.sabinet.co.za/document/BLW12602

So dog-owners, here we go!

If you have a dog at home you have to have a sign at every entrance to the premise in plain sight saying that you do[3].

If you rescue a stray dog, you have to report it to the Council within 24 hours (include a description of the dog and record the time when you picked it up)[4].

You legally have to pick your dog poop up. And carry bags/wrappers into which you can scoop the poop[5]. (Except if it’s your guide dog. But catch 22, blind people won’t be reading this. So if you see a guide dog pooping, it’s legally allowed to be left on the pavement. No judging.)

You may not:

Keep a dog if it barks, yelps, howls or whines for six consecutive minutes in an hour or three consecutive minutes in half an hour[6].

Keep a dog that chases vehicles, poultry, pigeons or people[7].

Let your dog off the lead in a ‘free running area’[8] without your dog having a collar or microchip, a name, telephone number and physical address on it[9].

These free running areas are designated with appropriate signage: free-running/ on-leash/ off-limits[10]. It varies according to the time of day and season, so it might be a good idea to follow your local dog walkers’ website or DARG or someone on Twitter who knows what’s what and where’s where.

May all your areas be free and running and law abiding!

 

 

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[1] Gloria, Modern Family, The Halloween Episode.

[2] This means that these laws apply to Cape Town specifically. So if you’re not a Captonian you’ll have to find out what your municipality-specific by-laws are.

[3] City of Cape Town Metropolitan Municipality, Animal By-law, s 10 (2).

[4] Ibid at s 9.

[5] Supra note 3 at s 11 (1).

[6] Supra note 3 at s 6 (e).

[7] Supra note 3 at s 6 (g) (i).

[8] A ‘free running area’ has to be designated by the Council.

[9] Supra note 3 at s 6 (h) (vi) (i).

[10] Supra note 3 at s 13.

Property, Properly

I take it you have a computer. Or maybe a laptop. Probably a tablet and also a smart phone. And with all of these things you can read blogs like this.

This post will not benefit you because I highly doubt you’d buying property for R10 000- with your land costing the same as your laptop.

This post focuses on buying property in the townships.

And it is very important that you know this.

Property laws in South Africa are simple- there is no valid transfer of property if there is not a written deed. If it’s not recorded, it’s not yours.

So what’s been happening in the townships is that there are these committees that are going around and ‘helping’ people to buy and sell land. Trouble is, they aren’t doing it legally.

By not following the process to legally transfer property, the property does not get registered in the buyer’s name- and there is no valid sale. The buyer will pay the money, and will possess the land, but can be evicted from the land because the buyer is just not the owner (even though he thinks he is).

This way, low income individuals are vulnerable to lose a heck of a lot of their money in a deal that they think is legit.

Here’s where you come in.

I’m sure you know people from townships. Be it your maid or your gardener, your friend or your nanny. That nice shop assistant who always helps you out. We all know people.

And these people, the ones without access to this information, need it.

Spread the word, and save people their livelihoods.

 

But I didn’t know!

What happens when you honestly just didn’t know about a law?

Yes. I am talking cellphones, and if you’re talking on them in Cape Town, your phone gets confiscated for 24 hours and you get a R500 fine[1].

But what happens if you, like motorists who were nabbed on the first day of spot fines, honestly did not know?

Say you were out of the country and came back and never knew? I’m not talking the cellphone one specifically, I’m saying Laws of Life. Everything.

What then?

I’m afraid the law has no mercy- it’s just tough luck. You are liable.

This is based on Queen v Jizwa[2] and in that case, the death penalty was at stake. So I guess a R500 fine isn’t so bad after all…but it isn’t great. Is it?

Bottom line? You’re expected to know about a law The Day It Is Published (in the Government Gazette[3]).

Read all about it and you might just save yourself from the bother!

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[1] http://af.reuters.com/article/southAfricaNews/idAFL6E8I62FZ20120706

[2]http://butterworths.uct.ac.za.ezproxy.uct.ac.za/nxt/gateway.dll/cc/q6du/w6du/zkmu/ehnw/lb2z?f=templates$fn=default.htm$vid=mylnb:10.1048/enu

[3] The Provincial and Governmental Gazettes are papers in which all the laws of South Africa are published. (Plus some other random nonsense like the HIV hotline.)

Accidental Advice

What the law expects us to do when we face the big ba-ba-boom.

This is a basic guide to handle an accident like a complete and utter pro.

If you are the driver and are involved in an accident[1]:

1. Stop.
2. If a person is injured, you must assist them according to your capabilities.
3. Get their details. That is:

I.            Name and address of driver.

II.            Name and address of the owner of the vehicle.

III.            The registration of the vehicle.

1. Report the accident within 24 hours to a police officer (and give them details I-III. Bring your driver’s license and ID along).
2. If you are in shock after the accident do not drink alcohol or take narcotics, unless you have already been examined by a medical practitioner.
3. Do not move a vehicle that has injured/ killed a person unless:

I.            A traffic officer gives you permission.

II.            It is obstructing the road completely- then mark out on the road where the car was- and move it.

III.            You must also have permission from the owner/ driver of the vehicle, if you’re moving someone else’s car.

When I called this a ‘basic guide’, I meant a basic guide to traffic law. This is straight from the National Road Traffic Act, 1996[2]. It’s binding and you’re breaking the law if you don’t follow it.

So please do.

(And maybe double check that your friends and family know this too!)

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[1] When a person is killed or injured, or suffers damage to their property (including animals- animals being any bovine animal, horse, ass, mule, sheep, goat, pig, ostrich or dog. (Sorry, cat lovers)).

[2] Focuses on Chapter 10, Accidents and Accident Reports.