28 Oct 2024
By Ashersons Attorneys
No Means No: What the New Case on Consent Means for Victims of Sexual Violence

No Means No: What the New Case on Consent Means for Victims of Sexual Violence

“Sexual violence is a horrific reality that continues to plague this country.” (Quoted in judgment below) It’s often said that victims of rape and other types of sexual violence have to suffer twice – firstly at the hands of the rapist and secondly at the hands of the law. A recent High Court ruling on the knotty question of consent could go some way towards remedying this. At the heart of the matter is the delicate balance between a victim’s right to be treated with dignity and compassion in their quest for justice, and the accused’s right to be presumed…
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27 Aug 2024
By Ashersons Attorneys
When Can You Legally Record Conversations?

When Can You Legally Record Conversations?

“Big Brother is watching you.” (George Orwell) Your smartphone lets you record just about anything, anywhere, and at any time. Your laptop and other devices can automatically record online meetings. Technology enabling voice and/or video recording is all-pervasive, providing us all with a powerful tool for keeping accurate records, resolving disputes and gathering evidence. But it’s crucial to understand when it’s legal to start recording – and when it’s not… Whether you’re talking face-to-face, over the phone, or via digital platforms like WhatsApp, Zoom, Slack, or Teams. The law: What’s allowed & what’s not The legal framework for recording conversations…
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25 Jun 2024
By Ashersons Attorneys
The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do

The New Cannabis Act: Here’s What You Will and Won’t Be Allowed to Do

“It’s high time they legalised cannabis” (Anon) Much excitement has greeted the signing into law of the Cannabis for Private Purposes Act, which will formally regulate the cultivation, possession, and use of cannabis by adults in a private setting and, says the Presidency, lays the groundwork for regulatory reforms “to allow for the industrialisation of the cannabis sector.” But although the new Act has been widely reported in the media as though it is already in force, this is not correct – it will only come into effect when its commencement date is gazetted. It is not clear at date of…
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25 Jun 2024
By Ashersons Attorneys
Can You Sign an Affidavit Over Zoom?

Can You Sign an Affidavit Over Zoom?

“These technological developments would have seemed far-fetched and science fiction a brief few years ago.” (Extract from judgment below) It’s an important question – the invalidity of an affidavit could sink even the strongest case, so it’s vital to get this right. Of course, it’s always tempting to cut corners where you can on the commissioning side, and perhaps you urgently need to sign an affidavit but are far from a commissioner of oaths or perhaps for some reason you just can’t visit a commissioner physically. That of course became a commonplace scenario during the Covid-19 restrictions on personal contact…
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