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South Africa decisions
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Hlungwane v S (BA 21/2019; RC121/2014) [2020] ZALMPPHC 34 (4 June 2020)
The High Court upheld an appeal against conviction for possession of rhino legs, finding the evidence did not prove joint possession or the required intent.
G and D Refrigeration CC v Mulder (HCA05/2016) [2016] ZALMPPHC 16 (28 October 2016)
High Court appeal on mandament van spolie over a vehicle. The court held the respondent unlawfully deprived the applicant of possession and dismissed the appeal with costs.
Kwanda v S (592/10) [2011] ZASCA 50; 2013 (1) SACR 137 (SCA) (30 March 2011)
The Supreme Court of Appeal held that the State failed to establish facts from which it could be inferred that the appellant had the necessary intention to possess the firearm jointly with Mahlenche. The evidence did not show that the appellant exercised control over the firearm or that Mahlenche held it on behalf of the appellant. Mere knowledge of the firearm's presence and participation in the conspiracy to commit robbery were insufficient to prove joint possession under the Arms and Ammunition Act. Accordingly, the convictions and sentences for unlawful possession of a firearm and ammunit…
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