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South Africa Case Law

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Criminal Law [2024] ZAKZPHC 42

Goqo v S (AR28/2023)

Goqo v S (AR28/2023) [2024] ZAKZPHC 42 (17 May 2024)

High Court appeal in a corruption case dismissed the appellant’s challenge to conviction, finding no misdirection in the trial court’s credibility findings.

  • Corruption
  • Prevention And Combating Of Corrupt Activities Act
  • Credibility Of Witnesses
  • Appeal Standard
  • Bribery
  • Criminal-appeal
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Criminal Law [2024] ZAFSHC 54

National Director of Public Prosecutions v Ketso and Another (237/2023)

National Director of Public Prosecutions v Ketso and Another (237/2023) [2024] ZAFSHC 54 (22 February 2024)

The court found, on a balance of probabilities, that the funds transferred from Maru-A-Pula Mining in Lesotho to Maru-A-Pula Group in South Africa were the proceeds of unlawful activities, specifically fraud, corruption, and bribery in the award and payment of government tenders. The evidence showed irregular procurement, payments made as bribes to government officials, and the transfer of funds to South Africa to avoid prosecution and diminish the property acquired through unlawful conduct. The respondents failed to provide credible explanations or rebut the applicant's evidence. The absence…

  • Prevention Of Organised Crime Act
  • Forfeiture Of Property
  • Money Laundering
  • Unlawful Procurement
  • Corruption
  • Bribery
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Commercial And Corporate [2023] ZAGPPHC 1184

Malie NO and Others v Chisa and Others (101188/2015)

Malie NO and Others v Chisa and Others (101188/2015) [2023] ZAGPPHC 1184 (21 September 2023)

The High Court dismissed the SIOC Trust’s claim against Mr Vere, finding no proof that he joined or knew of the bribery scheme linked to Volufon contracts.

  • Reckless Trading
  • Joint And Several Liability
  • Bribery
  • Fiduciary Duties
  • Company Liquidation
  • Delict
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Criminal Law [2011] ZAWCHC 523

Mfanekiso v S (A730/11)

Mfanekiso v S (A730/11) [2011] ZAWCHC 523 (13 November 2011)

The High Court upheld an appeal against sentence and replaced 18 months’ direct imprisonment with a wholly suspended sentence.

  • Sentencing Discretion
  • Mitigating Factors
  • Bribery
  • Alternative Sentencing
  • Correctional Supervision
  • Sentencing-discretion
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Criminal Law [1993] ZASCA 126

S v Gopal (89/91)

S v Gopal (89/91) [1993] ZASCA 126 (17 September 1993)

Appeal dismissed. The court held that the appellant failed to give an acceptable explanation for non-compliance with appeal procedure and had no prospects of success.

  • Condonation For Late Appeal
  • Notice Of Appeal Requirements
  • Motor Vehicle Theft
  • Bribery
  • Criminal Procedure
  • Appellate Jurisdiction
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Commercial And Corporate [1985] ZASCA 127

Plaaslike Boeredienste (Edms) Bpk. v Chemfos Bpk. (90/83)

Plaaslike Boeredienste (Edms) Bpk. v Chemfos Bpk. (90/83) [1985] ZASCA 127; [1985] 2 All SA 155 (A); [1986] 2 All SA 42 (A) (28 November 1985)

The court held that a secret benefit to a party’s agent to procure a contract amounted to bribery, allowing repudiation and supporting damages.

  • Contract Repudiation
  • Bribery
  • Agency Law
  • Unlawful Conduct
  • Damages
  • Arbitration Award Enforcement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.