Of course, it is! But what unpredictability are we talking about?
The use of a road network, by vehicular means, has become the norm in our civilisation.
This way of life poses its own inherent dangers to the safety and wellbeing of society. Appropriate measures must be put in place to ensure that any person who is in control of any mode of transport on our roads is at all times able to be in full control of such an instrument without any of his or her faculties being impaired.
It has become common that incidents on our roads occur that result in loss of life, serious injury to individuals and property that has a negative effect on the economy and wellbeing of the nation. It is important that this matter be addressed as it affects innocent sober users on South Africa's roads every day.
It is a problem which is increasing and measures need to be in place to safeguard those using our public roads from the harms and dangers of those driving whilst their faculties are impaired.
The state ought to be able to utilise, to the full extent possible, all available tools at its disposal. If there is a tool available which both passes constitutional muster and requires a comparatively small allocation of resources, especially in light of the service delivery imperative and the concomitant competition for allocation of resources, it ought not only be used, but prioritised.
As is clear from what I describe below there appears no reason, in principle, why an evidential breath test, properly applied, could not be such a tool. Legislative enactments are in place to deal with this issue, the background, development and its application which I shall discuss in this judgment.
In this case, brought as a test case 3I primarily have to address the scientific reliabilit of the Drager Alcotest MK evidentiary breath testing device "the Alcotesf 4used in South Africa to test the breath alcohol concentration of a person in an endeavour to combat the increasing number of drivers under the influence of alcohol.
I further have to consider the adequacy of the Alcotest and the evidential value of the result it generates for use by the prosecution of accused persons in our legal framework. The accused herein was charged with contravening section 65 5 read with sections 32, 65 6 and 769 173 and 89 2 5 of National Road Traffic Act the "RTA"93 of and regulations and of the National Road Traffic Regulations G.
It is alleged that on 23 Januaryon Greinhout Street, a public road in Kewtown Athlone, the accused wrongfully drove a motor vehicle with license number CAwhilst the concentration of alcohol in any specimen of breath of the accused was not less than 0.
At the time of the alleged contravention, his breath alcohol concentration was 0. Evidential breath testing equipment.
The accused entered a plea of not guilty to the charge. In particular he placed the following in dispute: He made the following admissions in terms of section of Act 51 of The state therefore is challenged with proving, beyond a reasonable doubt 7the accused's guilt of contravening section 65 5 of the RTA as well as its own compliance with all the relevant regulations and further requirements relating to the Alcotest.
The court will further have to be satisfied that the legislation conforms to the requirements of the rule of law and of the constitution.
The accused together with his girlfriend and his daughter decided to fetch friends and spend timeon the beach.According to Austin: ‘Law is the aggregate of rule set by men as politically superior, or sovereign, to men as politically subject.” It means law is command of sovereign.
Mar 03, · Seesaw offers an interesting twist on how we think about feedback and failure.
It used to be that we bought things to impress our friends, fully aware that they might not like our purchases. Point refers to "[t]the user manual [which] shall be reviewed by the national responsible body for its completeness and clarity of operating instructions.".
Q 2. Examine the relevance of the following in the context of civil service: ( Words, 10) (a) Transparency “ A lack of transparency results in distrust and a deep sense of insecurity.” Examine the statement in the context of governance in India.
SCHEME OF WORK / 1 September / 13 comments. PRESENTATION NATIONAL HIGH SCHOOL, BENIN CITY. SCHEME OF WORK FOR PHE.
JSS 1. 1ST TERM. Definition, nature, scope and objectives of physical education. - Inter-House Power Point Presentation The Inter-House Powerpoint Presentation Competition was held on Tuesday, 30th October The topic for the presentation was 'Revolutionary Inventions in the fields of Communication, Technology, Energy and Transport'.