South Africa Case Law

Technoserve Medium Voltage (Pty) Ltd v Technical Reticulation Services (Pty) Ltd and Others (20127/23)

Technoserve Medium Voltage (Pty) Ltd v Technical Reticulation Services (Pty) Ltd and Others (20127/23) [2025] ZAWCHC 165 (15 April 2025)

Court

Western Cape High Court, Cape Town

Case number

20127/23

Judge

S Sidaki

The court dismissed an urgent application for a springboard interdict, finding the alleged conspiracy and unlawful acts were not proved and factual disputes could not be resolved on paper.

• Restraint Of Trade
• Unlawful Competition
• Springboard Interdict
• Conspiracy
• Fiduciary Duties
• Springboard-interdict

Sehlabe v S (AA 05/2023)

Sehlabe v S (AA 05/2023) [2024] ZALMPPHC 112 (19 September 2024)

Court

Limpopo High Court, Polokwane

Case number

AA 05/2023

Judges

Monene, TC Tshidada, Mogale-Makinta

The Full Court upheld an appeal against convictions for conspiracy, murder and attempted murder, finding the trial court’s reasoning mutually destructive and unsupported by proof.

• Common Purpose Doctrine
• Admissibility Of Confessions
• Burden Of Proof
• Conspiracy
• Hearsay Evidence
• Criminal-appeal

Mdlalose and Others v S (A142/2010)

Mdlalose and Others v S (A142/2010) [2024] ZAGPJHC 744 (31 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A142/2010

Judges

Bokako, Dosio

The appeal court found that the reconstructed record was adequate for adjudication and that the trial court erred in convicting the appellant based on unreliable single witness testimony. The evidence did not establish beyond reasonable doubt that the appellant aided or conspired in the escape of Accused 4. The appellant's involvement was limited to his role as a human rights officer ensuring the safety of Accused 4, and there was no credible evidence of criminal intent or benefit. The trial court failed to properly assess the inconsistencies and credibility issues in the State's case, and th…

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• Aiding Escape
• Conspiracy
• Single Witness Testimony
• Fair Trial Rights
• Record Reconstruction

Mmotla and Others v S (A99/2018)

Mmotla and Others v S (A99/2018) [2024] ZAGPPHC 362 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

A99/2018

Judges

Swanepoel, Leso, Kok

The convictions for murder, attempted murder, possession of firearms, and theft of a motor vehicle were set aside due to the absence of evidence directly linking the appellants to those offences and the improper application of the doctrine of common purpose, which was neither alleged nor proven. The evidence obtained via the police trap was admissible, as the conduct of the agents did not go beyond providing an opportunity to commit the offence. The first, third, and fourth appellants were found guilty of attempted robbery based on their active involvement in planning and executing the offenc…

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• Common Purpose
• Conspiracy
• Attempted Robbery
• Trap Evidence
• Duplication Of Convictions

S v Chitiyo and Others (CC77/2019)

S v Chitiyo and Others (CC77/2019) [2022] ZAECMKHC 69 (30 September 2022)

Court

Eastern Cape High Court, Makhanda

Case number

CC77/2019

Judge

Bloem

The court found that the accused acted in concert with a common purpose to poach rhinos and steal their horns, as evidenced by cellphone records, admissions, physical evidence, and similar fact evidence from prior incidents. The explanations offered by the accused were found to be improbable and false, particularly regarding the possession and concealment of the firearm and ammunition, and the alleged innocent purposes for their travel. The court admitted similar fact evidence, finding it both logically and legally relevant and its probative value outweighing any prejudicial effect. The court…

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• Conspiracy
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Theft Of Rhino Horn
• National Environmental Management Biodiversity Act
• Firearms Control Act

S v Zimase (CC19/2014)

S v Zimase (CC19/2014) [2020] ZAECMHC 24 (18 June 2020)

Court

Eastern Cape High Court, Mthatha

Case number

CC19/2014

Judge

M.S. Jolwana

High Court discharge application in a murder and conspiracy trial granted after the State failed to present evidence linking the accused to the offences.

• Murder
• Conspiracy
• Section 174 Discharge
• Fair Trial Rights
• Evidentiary Threshold
• Criminal-law

Legalatladi v S (CA45/2017)

Legalatladi v S (CA45/2017) [2019] ZANWHC 55 (3 October 2019)

Court

North West High Court, Mafikeng

Case number

CA45/2017

Judges

R D Hendricks, J T Djaje

The High Court upheld the appeal and set aside the appellant’s conviction and sentence for attempted conspiracy and incitement to murder.

• Conspiracy
• Incitement
• Attempt
• Riotous Assemblies Act
• Mens Rea
• Superstitious Attempt

Gouws v S (SH1/117/2014)

Gouws v S (SH1/117/2014) [2016] ZAGPPHC 1089 (13 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

SH1/117/2014

Judges

W F Pienaar, N Mali

The High Court set aside a duplicative conspiracy conviction and replaced a harsh attempted-robbery sentence with imprisonment under section 276(1)(i).

• Duplication Of Convictions
• Sentencing Principles
• Correctional Supervision
• Attempted Robbery
• Conspiracy
• Firearms Disqualification

Mkhabela and Others v S (A334/15)

Mkhabela and Others v S (A334/15) [2016] ZAGPPHC 936 (8 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

A334/15

Judges

CM Sardiwalla, HJ Fabricius

The High Court dismissed a sentence appeal in a rhino-poaching conspiracy case, finding no material misdirection and no basis to interfere with the custodial sentences.

• Conspiracy
• Illegal Hunting
• Protected Species
• Sentencing Principles
• Police Trap
• Firearm Possession

Okah v S and Others (19/2014)

Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

Court

Supreme Court of Appeal

Case number

19/2014

Judges

Navsa, Shongwe, Dambuza, van der Merwe, Schoeman

The SCA held that South African courts had limited extra-territorial jurisdiction under the terrorism Act, setting aside some counts and amending the sentence.

• Extra Territorial Jurisdiction
• Terrorism
• Protection Of Constitutional Democracy Act
• Financing Of Terrorist Activities
• Conspiracy
• International Instruments