Barry Botha Breytenbach

Convictions under the doctrine of common purpose

“If I was present at the scene where my peers committed a crime and I had knowledge of the crime being committed, is that sufficient evidence for a Court to convict me in terms of the doctrine of common purpose even if this is not alleged in the charge sheet or indictment?”  The doctrine of […]

Defamation: What are the requirements?

The Bill of Rights as contained in the South African Constitution protects human dignity. Defamation violates a person’s dignity, and more specifically his or her reputation or fama. It thus follows that a person who is defamed must have legal recourse to protect and vindicate their constitutional right. A party who intends to claim for defamation […]

Finding yourself in contempt of court is no small matter

When you are on the receiving end of a court order, it would be wise to obey the terms set out in it. Disobedience in terms of a court may cause a court to hold you in contempt of court. The consequences of the latter might be more severe than you expected – resulting in a criminal record perhaps or worse. A person can be held in contempt of court in both […]

No more drinks after work

During March 2020, the South African Cabinet approved the National Road Traffic Amendment Bill (“the Bill”) for submission to Parliament. The Bill proposes amendments to the National Road Traffic Act 93 of 1996 (“the Act”). The most prominent amendment to the Act is the change of the alcohol level limit of drivers in South Africa […]