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The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
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Defence and foreign policy, for example, were outside of their legislative competence. [23] The legislation of the former TBVC states (Transkei, Bophuthatswana, Venda and Ciskei) is still valid in the applicable areas, as these states have since been re-incorporated into South Africa.
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The company wanted South Africa to pressure Lesotho not to do so. South Africa refused, and the company brought application against the South African government seeking information about the background. The government was opposed. The court applied its mind, ordered disclosure and enunciated some principles:
The Criminal Procedure Act, 1977 lists four methods of securing the attendance of an accused person in court. [4] These bear an important relationship to the constitutional rights of freedom and security of the person, [5] of freedom of movement and residence, [6] of access to the courts [7] and of "arrested, detained and accused persons."