Legislation is presumed to apply to future events

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Legislation is presumed to apply to future events only and not to act retrospectively - Legislation is presumed to not intend unreasonable consequences Milieu: A person’s social environment Retrospective: Looking back on or dealing with past events or situations. How to read a court case Finding a court case: (i) Using case reference Example: - Kriel v Hochstetter House (Edms) BPK 1988 (1) SA 220 - You will find the case in VOLUME (1) OF 1988 , of South African Law Reports on PAGE 220 (ii) Using names of parties Example: - You can find the case reference by consulting the indexes of the court cases if you have the names of the parties involved - Cases Reported (Butterworths) and Table of Cases (Juta) (iii) Using a specific topic in the subject indexes Example: - JUTASTAT shows a list of the cases that have keywords for you to type in Reading a court case: 1. S v Makua 1993 (1) SACR 160 (T) Criminal case because it was a case between the state and an accused party “S” = State “v” = versus Accused is Makua In earlier criminal cases, the “R” was used instead of an “S” “R” = “Rex”/”Regina” = Latin for King/Queen
Prosecutions during this period were instituted on behalf of the King or Queen of England, because they had sovereign over South Africa 2. Molefe v Mahaeng 1999 (1) SA 562 (SCA) Civil case because it was a case between citizens An action proceeding was used Therefore the name of the plaintiff is given first Followed by the defendant In action proceedings the procedure is started by way of a summons This procedure is used when there is a fundamental difference between the parties as far as the facts of the case are concerned In this case, there is a fundamental difference about who caused the accident Molefe said the accident was a result of Mahaeng’s negligence and Mahaeng said that he was not negligent Should the matter be on appeal, the name of the appellant will appear first Followed by the respondent This case was on appeal because it was heard before the “SCA”, which stands for Supreme Court of Appeal Molefe (Appellant) and Mahaeng (Respondent) 3. Ex Parte Addleson 1948 (2) SA 16 (E) Civil case An application proceeding was used “Ex parte” = in the application (appears before the applicant’s name The name of the person bringing the application immediately follows the Latin words In this case, Addleson brought an application to be admitted as an advocate In application proceedings the procedure is started by way of a notice of motion This procedure is used when there is no fundamental difference between parties as far as the facts of the case are concerned The parties more or less agree on the facts of the case Usually only one party, the applicant, is involved, and it is the party that brings the application If there is another person who wants to object the application, that person would be indicated as the respondent Law reports: SACR- SOUTH AFRICAN CRIMINAL LAW REPORTS

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