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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 2025

Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023)

Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023) [2023] ZAGPPHC 2025; 2024 (3) SA 198 (GP) (18 December 2023)

The High Court held that a contract to stage public boxing contests between social-media rivals was unlawful, contra bonos mores, and unenforceable.

  • Contra Bones Mores
  • Illegal Contracts
  • Consent In Criminal Law
  • Public Policy
  • Organised Crime
  • Unlawful Activity
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Criminal Law [2017] ZASCA 82

Director of Public Prosecutions, Gauteng v Grobler (6/2017)

Director of Public Prosecutions, Gauteng v Grobler (6/2017) [2017] ZASCA 82; 2017 (2) SACR 132 (SCA) (2 June 2017)

The SCA held that a child under 12 cannot consent to a sexual act. The High Court erred by treating supposed acquiescence as mitigation and the sentence was set aside.

  • Rape Of Minor
  • Sentencing Principles
  • Consent In Criminal Law
  • Criminal Procedure Act
  • Child Pornography
  • Judicial Discretion
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Criminal Law [2016] ZASCA 10

Van der Bank v S (245/2015)

Van der Bank v S (245/2015) [2016] ZASCA 10 (9 March 2016)

The Supreme Court of Appeal dismissed an appeal against rape and indecent assault convictions, finding the complainant lacked capacity to consent.

  • Rape
  • Consent In Criminal Law
  • Mental Capacity
  • Admissibility Of Evidence
  • Intermediary Testimony
  • Consent-in-criminal-law
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Criminal Law [2015] ZAGPPHC 291

E.S.M v S (A488/2014)

E.S.M v S (A488/2014) [2015] ZAGPPHC 291 (21 April 2015)

The High Court dismissed a rape appeal, holding that an 11-year-old could not consent in law and that life imprisonment was justified.

  • Rape
  • Sexual Offences Act
  • Minimum Sentence Act
  • Consent In Criminal Law
  • Sentencing Principles
  • Child Protection
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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.