Browsing by Author "Pillay, Anashri"
Now showing 1 - 7 of 7
Results Per Page
Sort Options
- ItemOpen AccessComing of age : focusing the human rights lens on older men and older women(2009) Adkins, Jill; Pillay, AnashriIt is most appropriate to open an exploration of the human rights of older persons with the poignant words of Kofi Annan, then Secretary-General of the United Nations, in a statement to the Second World Assembly on Aging in Madrid: I turned 64 today. I therefore feel empowered to quote a Beatles' song that asks, on behalf of all older persons, and I quote: Will you still need me, will you still feed me, when I'm 64? I trust the answer is yes, older people will be provided for, and yes, older people will be needed in the twenty-first century.
- ItemOpen AccessConstitutional application(2006) Pillay, AnashriIn Ehrich v CEO, Legal Aid Board 2006 (1) SACR 356 (E), the applicant asked for the court to review and set aside a Legal Aid Board decision refusing him legal representation at state expense. He had been convicted on a number of charges of indecent assault and wished to appeal (at para [1]). His criminal trial had gone on for some time and his legal representatives were repeatedly replaced at his request (at para [3]). Following his conviction and sentencing, the applicant instructed an attorney at the Eastern Cape Justice Centre to fi le a notice of appeal. He was later informed that he would have to re-apply for legal aid for the appeal and that the decision whether to grant such aid would be based on his chances of success in an appeal (at para [5]).
- ItemOpen AccessConstitutional application(2003) Pillay, AnashriIn S v Van Rooyen 2001 (2) SACR 376 (T), it was held that certain provisions of the Magistrates Court Act 1944, the Magistrates Act 1993 and certain regulations made under the latter Act were unconstitutional. It was held that, due to a large amount of executive influence over the system of magistrates' courts, these courts were not institutionally independent from the executive. (For a more detailed discussion of the case, see A Pillay `Constitutional Application' (2002) 15 SACJ 156.) The case went to the Constitutional Court for a confirmation of the High Court finding of invalidity and, at the same time, on appeal against the finding.
- ItemOpen AccessConstitutional application(2003) Pillay, AnashriNational Director of Public Prosecutions v Mohamed NO 2003 (1) SACR 561 (CC) was an appeal against a finding that s 38 of the Prevention of Organised Crime Act 1998 was unconstitutional. In essence, the section allowed the National Director of Public Prosecutions (NDPP) to use an ex parte procedure to apply to the High Court for a preservation of property order (at para 1). The High Court had to make the order `if there are reasonable grounds to believe that the property concerned ± is an instrumentality of an offence referred to in Schedule 1; or is the proceeds of unlawful activities' (at para 14). The High Court held that s 38 should be read as if the words `by way of an ex parte application' did not appear in the section. The court also found that s 38 did not allow for a rule nisi procedure and that this was unconstitutional (at paras 8 and 9). Other challenges against the Act were dismissed by the High Court and the respondent did not challenge these findings in the appeal (at paras 9 and 10).
- ItemOpen AccessConstitutional application(2005) Pillay, AnashriIn Van Eeden v Director of Public Prosecutions, Cape of Good Hope 2005(2) SACR 22 (C) the court considered the relationship between plea agreements and the right to a fair trial, protected in s 35 of the Constitution. In this case, the applicant and a co-accused had been charged with contravening the Drugs and Drug Trafficking Act 1992 (at 23i-j). The Director of Public Prosecutions, Cape of Good Hope acknowledged the existence of a plea agreement but there was some dispute as to the terms of that agreement (at 25d-e). The applicant’s version, confirmed by the attorney who had entered into the agreement on his behalf, was that the prosecution had agreed not to prosecute him if his co-accused pled guilty to the charge (at 24a-b). The prosecution claimed that proceedings against the applicant were terminated because of insufficient evidence at the time (at 25h-i).
- ItemOpen AccessConstitutional application(2003) Pillay, AnashriIn Phillips v Director of Public Prosecutions, Witwatersrand Local Division 2003 (1) SACR 425 (CC), the High Court's finding that s 160(d) of the Liquor Act 1989 was unconstitutional came to the Constitutional Court for a confirmation of invalidity. Section 160(d) `made it an offence for any holder of an on-consumption licence who allowed any person (i) to perform an offensive, indecent or obscene act; or (ii) who was not clothed or not properly clothed, to perform or to appear, on a part of the licensed premised where entertainment of any nature was presented or to which the public had access' (at 430g-h). The court noted, per Yacoob J, that findings of invalidity would not be routinely confirmed (at 432b-c). The court is obligated to enter into a thorough investigation into the constitutionality of the legislative provision (at 432d). The court found it unsatisfactory that the relevant members of the executive provided no reasons for their decision not to oppose the application for confirmation of invalidity (at 432i-j). Under the separation of powers doctrine, the courts, and not the executive, must decide on the constitutionality of laws.
- ItemOpen AccessReviewing reasonableness: An appropriate standard for evaluating state action and inaction?(2005) Pillay, AnashriOne of the most important issues facing administrative lawyers today is that of the appropriate role of the judiciary in a constitutional democracy. This concern is at the centre of many of the recent important decisions on the legality, rationality and reasonableness of exercises of public power.