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Civil Appeals to the Western Cape High Court
Did you know that if you are not satisfied with a decision in a court matter, you can appeal to the High Court? Someone might appeal a court’s decision for several reasons, typically revolving around the belief that an error was made during the trial or hearing or in the court’s interpretation of the law. Here are the main reasons for appealing a court decision:Legal Errors
The appellant believes that the trial court made errors in applying or interpreting the law. This could include improperly admitting or excluding evidence or misinterpreting legal principles.Procedural Errors
There were mistakes in the way the trial was conducted, such as improper procedures that could have affected the outcome. Examples include not following proper courtroom protocol or violating the defendant’s right to a fair trial.Evidence Issues
The appellant might argue that crucial evidence was wrongly admitted or excluded or that there was insufficient evidence to justify the verdict reached by the magistrate or the judge.Abuse of Discretion
The trial judge made decisions that are seen as unreasonable or arbitrary, such as unfairly limiting the scope of examination of witnesses or making biased rulings on motions.New Evidence
New evidence has emerged that could potentially change the outcome of the case. This is more common in criminal cases, where new evidence might show the defendant’s innocence.Ineffective Assistance of Counsel
In criminal cases, the defendant might argue that their attorney did not provide competent legal representation, thereby affecting the trial’s outcome. Appeals are typically reviewed by a higher court, which examines the record of the proceedings from the lower court to determine if there were significant errors that affected the case’s outcome. If the appellate court finds that errors were indeed made, it might reverse the decision, order a new trial, or modify the lower court’s decision. If no significant errors are found, the original decision is usually upheld.
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Children born out of wedlock now have the same rights as children born to married couples
The case below was successfully argued by Advocate Muhammad Abduroaf. Because of this case, a mother can now claim child maintenance from paternal grandparents of children born out of wedlock. The case can be found on the link: https://www.news24.com/SouthAfrica/News/Pay-support-its-legit-20031112 . It is also copied below. “‘Pay support – it’s legit’
2003-11-13 08:29Willemien BrummerCape Town – Children born out of wedlock now have the same rights as children born to married couples, under a ground-breaking High Court ruling made in Cape Town on Wednesday.
Judge Lester Fourie overturned a 1930 court ruling that stated only maternal grandparents of illegitimate children could be held responsible for their upkeep. Mother’s of children born out of wedlock could until now only claim from their own parents for maintenance. Now the paternal grandparent’s of an illegitimate child can also be held responsible for their upkeep. The ruling came after Jade Lee Petersen from Muizenberg approached the Simon’s Town maintenance court for maintenance for her 10-month-old son, Jordan. Jordan’s father, Faghmie Abrahams, claimed he could only afford R200 maintenance per month. Petersen wanted R1 000 per month. She requested that Jordan’s grandparents on his father’s side be ordered to cover the balance. When Petersen was informed that the law did not allow this, she took her case to the High Court. After the ruling, Petersen’s advocate, Muhammad Abduroaf, said the case was not just a victory for Petersen but that it was also a victory for other mothers in her position.” https://www.news24.com/SouthAfrica/News/Pay-support-its-legit-20031112
We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws
“‘Pay support – it’s legit’
2003-11-13 08:29Willemien Brummer
Cape Town – Children born out of wedlock now have the same rights as children born to married couples, under a ground-breaking High Court ruling made in Cape Town on Wednesday.
Judge Lester Fourie overturned a 1930 court ruling that stated only maternal grandparents of illegitimate children could be held responsible for their upkeep. Mother’s of children born out of wedlock could until now only claim from their own parents for maintenance. Now the paternal grandparent’s of an illegitimate child can also be held responsible for their upkeep. The ruling came after Jade Lee Petersen from Muizenberg approached the Simon’s Town maintenance court for maintenance for her 10-month-old son, Jordan. Jordan’s father, Faghmie Abrahams, claimed he could only afford R200 maintenance per month. Petersen wanted R1 000 per month. She requested that Jordan’s grandparents on his father’s side be ordered to cover the balance. When Petersen was informed that the law did not allow this, she took her case to the High Court. After the ruling, Petersen’s advocate, Muhammad Abduroaf, said the case was not just a victory for Petersen but that it was also a victory for other mothers in her position.” https://www.news24.com/SouthAfrica/News/Pay-support-its-legit-20031112
We are certain that you found the above article useful and interesting. Please consider sharing it on the share buttons below. They include Facebook, Twitter, LinkedIn, WhatsApp, Gmail and more. Someone may find it useful as well. Should you require business advice or services, feel free to click on these links: Business SA | Private Legal | Envirolaws Posted on by Telelaw