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South Africa decisions
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Luzipho v S (CA&R155/2017) [2018] ZAECGHC 8; 2018 (1) SACR 635 (ECG) (30 January 2018)
The High Court dismissed a criminal appeal, upholding convictions for fraud and related offences involving false births, deaths, and insurance claims.
Essop v S (AR 931/2004) [2014] ZAKZPHC 30; [2014] 3 All SA 337 (KZP); 2014 (2) SACR 495 (KZP) (23 May 2014)
The court held that while the charge sheet did not contain an express averment of prejudice, the facts alleged therein implied prejudice with reasonable certainty. The misrepresentations made by the appellant, resulting in the payment of company funds to a non-existent entity controlled by him, necessarily prejudiced Non-Ferrous Metal Works SA (Pty) Ltd. The appellant's defence that he acted on instructions from directors was rejected, as a company cannot lawfully authorise payments without a legitimate basis, and any such instruction would be void. The appellant's evidence was found to be in…
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S v Chokoe (A405/2012) [2012] ZAGPPHC 95 (7 June 2012)
High Court special review set aside a conviction for possession of stolen property because the charge and admissions did not properly support the verdict.
Hlatswayo v S (A657/08) [2009] ZAGPPHC 230 (27 March 2009)
The High Court dismissed an appeal against murder and attempted murder convictions, upholding the sentence and rejecting a challenge based on assessors.
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