- Is entrapment legal in South Africa?
- Does spousal privilege apply to domestic partners?
- Do you have to testify if you don’t want to?
- What does it mean to be a witness against himself?
- Can a witness refuse to testify in South Africa?
- Why don’t you have to testify against your spouse?
- Can a girlfriend testify against her boyfriend?
- When can a husband and wife testify against each other?
- Can you testify against your spouse if you want to?
- Can a wife testify against her husband in South Africa?
- Who holds the spousal privilege?
Is entrapment legal in South Africa?
In a more recent ruling of General Industries Workers Union of South Africa obo Mazamela & others / Rentech South Africa  8 BALR 779 (CCMA), the arbitrator confirmed that entrapment can be used as a last resort to uncover misconduct in the workplace..
Does spousal privilege apply to domestic partners?
California recognizes both a “testimonial privilege” and a privilege protecting “confidential marital communications”. … The testimonial and confidential marital communication privileges require the existence of a valid marriage or domestic partnership.
Do you have to testify if you don’t want to?
Yes, there are legal reasons to refuse to testify. The reasons should be presented to the court at the time of refusing.
What does it mean to be a witness against himself?
SELF-INCRIMINATION, PRIVILEGE AGAINST the constitutional right of a person to refuse to answer questions or otherwise give testimony against himself or herself which will subject him or her to an incrimination.
Can a witness refuse to testify in South Africa?
In the case of privilege, the witness may not refuse to testify at all; he may refuse only to answer a particular question or questions. Private privilege may be waived, but courts require confirmation that the person so waiving is aware of his rights.
Why don’t you have to testify against your spouse?
A spouse can now be subpoenaed to testify in court against their husband or wife, but s/he is not obligated to disclose any communications with their spouse during the course of their marriage. … Therefore, the accused cannot invoke marital privilege to prevent his wife from revealing information divulged to her.
Can a girlfriend testify against her boyfriend?
GF witnesses her BF committing a crime. … A person cannot be compelled to testify against his or her spouse in a criminal case. In this instance, the wife cannot be compelled to testify, but could choose to. The privilege is held by the person who would be testifying, not the defendant.
When can a husband and wife testify against each other?
The witness-spouse may invoke testimonial privilege regarding events which occurred (1) during the marriage, if the spouses are still married; and (2) prior to the marriage if he is married to his spouse in court proceedings at the time of trial.
Can you testify against your spouse if you want to?
Also known as the marital privilege, it protects communications privately disclosed between a husband and wife. Either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.
Can a wife testify against her husband in South Africa?
Under South African law a spouse called as a witness can only be compelled to testify against an accused spouse when the latter is charged with a crime falling in a specific category.
Who holds the spousal privilege?
The other privilege is the adverse spousal witness privilege, which applies in criminal proceedings and allows one spouse to refuse to testify against the other spouse. This privilege belongs only to the non-defendant spouse, however.