For a consent to be valid, the
consenter must be provided full information about what the proposed action will entail, must comprehend this information, and then voluntarily agree to the process.
This flows from SA civil law that allows a participant or their proxy
consenter (a plaintiff) to bring a delictual claim, i.e.
(118) The Court held that the search was permissible provided that a reasonable officer would have concluded that the
consenter had authority to permit the search.
Consent forms must be provided in a language understood by the person giving consent and a translator must be on hand if the investigator taking the consent is not able to speak the
consenter's language.
In this context, the perception of the
consenter regarding the validity of their consent is not relevant.
Consent, roughly, creates a liberty in the consent recipient (that is, no duty not to do an act), where the act was previously wrong because of the
consenter's right (that is, claim).
In a nut shell Pakistan is in the drivers' seat moderate Taliban as partners in peace Afghanistan is
consenter of the process the US playing a facilitator and Saudi Arabia is the host.
Where one party had misrepresented an existing fact, courts have also refused to enforce the promise against the
consenter who relied on the misrepresentation.
Rather than admit that the consent does not and could not justify the act, we denigrate the consent and, necessarily, the
consenter as well.
(30) These circumstances may include such factors as the youth of the
consenter, lack of education, low intelligence, and lack of any advisement to the
consenter of his constitutional rights.
(289) In other words, instead of altering cameral rules so as to reinforce their chamber's constitutional role as advisor and
consenter to executive branch appointments, (290) these Senators wish to surrender still more of that role.
To address this problem, De Wispelaere suggests that would-be donors name a "second
consenter," perhaps a spouse or a family friend, who would function as a living advocate for fulfilling the donor's wishes.