question on SA knife laws

[Paul]

Y'see... here's the issue:

South Africa is a Constitutional Democracy (whether the ruling party likes this or not is irrelevant).

In a Constitutional Democracy the Constitution is supreme, not Parliament, or the President, or the ruling party, or the Police Minister/Commissioner, and certainly NOT the cop on the side of the road.

If some chump goes about writing laws or regulations or standing orders that are in conflict with the rights recognised in the Bill of Rights of the Constitution, those laws or regulations or orders are unlawful by definition.

[Wanderin' Zero]

Y'see... here's the issue:

South Africa is a Constitutional Democracy (whether the ruling party likes this or not is irrelevant).

In a Constitutional Democracy the Constitution is supreme, not Parliament, or the President, or the ruling party, or the Police Minister/Commissioner, and certainly NOT the cop on the side of the road.

If some chump goes about writing laws or regulations or standing orders that are in conflict with the rights recognised in the Bill of Rights of the Constitution, those laws or regulations or orders are unlawful by definition.

In principle, that is exactly the position. I quite agree. Practically however for the bloke who has been arrested, there is also the question of having to argue the unconstitutionality, the costs involved, the time frame involved and of course all the associated unpleasantness.

[marthinus]

There was proposed amendments to the 1996 regulations of the Dangerous Weapons Act.

Here is a link:

http://www.info.gov.za/view/Download...tion?id=149884

Different bodies within firearm, knives, airrifle, paintball objected to this proposed changes. I have the document submitted from our knife makers guild.

I would rather advice you to go to a qualified lawyer/adviser with your questions rather then trying to ask on a public forum. Hearsay or personal interpretation is not grounds to stand on in court. Though it is fun to learn other peoples opinions.

The term "mesiria" or something is used a lot in the act, this is loosely related to state of mind, this is open for interpretation by the officer. If your state of mind is to kill someone, whether it be with a baseball bat, stick, laptop, piece of glass, your state of mind is to kill someone, therefore the thing you are using can be classified as a dangerous weapon.

Note I still advice you rather go and talk to a professional at a university or your own lawyer.

[Skaaphaas]

Did you mean "mens rea"?

[Paul]

Did you mean "mens rea"?

You see? There the qualified lawyer/advisers go and confuse us again! ;-{>}

[Skaaphaas]

Haha, I'm simply hoping he says yes, otherwise I have to go back to the books again!

[white_ræbbit]

Y'see... here's the issue:

South Africa is a Constitutional Democracy (whether the ruling party likes this or not is irrelevant).

In a Constitutional Democracy the Constitution is supreme, not Parliament, or the President, or the ruling party, or the Police Minister/Commissioner, and certainly NOT the cop on the side of the road.

If some chump goes about writing laws or regulations or standing orders that are in conflict with the rights recognised in the Bill of Rights of the Constitution, those laws or regulations or orders are unlawful by definition.

Paul, how did F A N I E get your login details?!

[Doublefeed]

My biggest worry down there is just that some unscrupulous LEO will want to "confiscate" whatever $100-200 blade I'm carrying when he sees the clip on my hip pocket.

[Paul]

Paul, how did F A N I E get your login details?!

What part of my post are you implying is irrational, fanciful, or just plain nuts?

[white_ræbbit]

What part of my post are you implying is irrational, fanciful, or just plain nuts?

Oh, no sorry, after his posts I just instinctively associate the word "constitutional" with his name.