South Africa Case Law

Brown v S (CA&R245/2016)

Brown v S (CA&R245/2016) [2017] ZAECGHC 89 (28 July 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R245/2016

Judges

E Revelas, N Molony

The court found that the security guard was lawfully in possession of the items and acted as an agent of Pick 'n Pay. The appellant's conduct—removing two bottles of liquor from the shelves, concealing them in her clothing, and passing the pay points without payment—constituted executory conduct amounting to contrectatio and completed theft. The appellant did not abandon her intention to steal; she only replaced one item when confronted and attempted to leave with the other. The charge sheet's minor defects were cured by statutory provisions and unchallenged evidence. The court distinguished…

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• Theft
• Contrectatio
• Shoplifting
• Attempted Theft
• Criminal Procedure Act
• Self Service Store

Dlamini and Another v S (A225/2016)

Dlamini and Another v S (A225/2016) [2017] ZAGPPHC 215 (20 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A225/2016

Judges

Manyathi, Janse Van Nieuwenhuizen

The court found that the appellants had unlawfully appropriated the motor vehicle by moving it from its original position, damaging its locks and ignition, and stealing items from within, thereby excluding the owner from the enjoyment of her property. The facts were distinguishable from precedents where appropriation was not established. The trial court correctly convicted the appellants of theft. Regarding sentence, the court held that the trial court had properly considered all relevant factors, including personal circumstances and prior convictions, and that the sentences imposed were not…

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• Theft Of Motor Vehicle
• Attempted Theft
• Sentencing Principles
• Appropriation
• Contrectatio
• Identity Of Accused

Nhawa v S (A302/2016)

Nhawa v S (A302/2016) [2017] ZAGPJHC 48 (1 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A302/2016

Judges

E Theron, L R Adams

The court found that the appellant was wrongly convicted under section 37 of the General Law Amendment Act 62 of 1955, as there was no evidence of physical possession of the stolen vehicle. However, applying the principles from S v Naryan and R v Brett and Levy, the appellant's facilitation of the sale of the stolen vehicle, his determination of the price, and the surreptitious circumstances of the transaction demonstrated the necessary contrectatio and intention to deprive the owner of possession. Therefore, the appellant was guilty of theft, which is a competent verdict on a charge of robbe…

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• Theft
• Robbery
• Contrectatio
• Competent Verdict
• Sentencing Principles

Ramokadi and Others v S (A567/2014)

Ramokadi and Others v S (A567/2014) [2015] ZAGPPHC 514 (23 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A567/2014

Judges

A.A.Louw, V.V.Tlhapi

The High Court held that the appellants’ conduct amounted to attempted theft, not completed theft, because they were stopped before excluding the owner’s control.

• Theft
• Attempted Theft
• Contrectatio
• Sentencing Principles
• Attempted-theft
• Criminal-appeal

S v Ndebele and Another (SS16/2010)

S v Ndebele and Another (SS16/2010) [2011] ZAGPJHC 41; 2012 (1) SACR 245 (GSJ); 2012 (3) SA 226 (GSJ) (21 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

SS16/2010

Judge

Lamont

The court found that the accused were in possession of Eskom vending machines and equipment used to generate electricity vouchers, and that the data from the machines established unauthorized and extensive voucher creation. The accused were physically linked to the flats where the machines were found, and meter numbers on vouchers corresponded to their residences. The court held that electricity and electricity credits are capable of theft under South African law, as the appropriation of the energy characteristic constitutes a permanent deprivation. The racketeering charges were supported by…

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• Prevention Of Organised Crime Act
• Racketeering
• Theft Of Electricity
• Admissibility Of Evidence
• Contrectatio
• Duplication Of Charges

Mzandi v S (110/2010)

Mzandi v S (110/2010) [2010] ZAWCHC 168; 2011 (1) SACR 253 (WCC) (27 August 2010)

Court

Western Cape High Court, Cape Town

Case number

110/2010

Judges

Klopper, Le Grange

High Court review substituting theft with attempted theft where items were moved and concealed but not removed from the owner’s control.

• Housebreaking
• Attempted Theft
• Elements Of Theft
• Contrectatio
• Criminal Procedure Review
• Criminal-law

S v Van Wyk, S v Lewis (840/01, 849/01)

S v Van Wyk, S v Lewis (840/01, 849/01) [2002] ZANCHC 2 (25 January 2002)

Court

Northern Cape High Court, Kimberley

Case number

840/01, 849/01

Judges

Majiedt R, Lacock WNR

The court held that in both cases, the State proved only attempted theft and not the completed offence. The accuseds moved the items with the intention to steal but did not deprive the owners of control over the property. In Lewis's case, the accused was interrupted before he could remove the battery from the premises, and in Van Wyk's case, it was unclear why the goods were not removed. The court preferred the appropriation approach, requiring deprivation of the owner's control, over the contrectatio approach. Consequently, the convictions for theft were set aside and replaced with convictio…

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• Theft
• Attempted Theft
• Housebreaking
• Contrectatio
• Ownership And Control

S v Van Der Westhuizen (527/88)

S v Van Der Westhuizen (527/88) [1990] ZASCA 99 (21 September 1990)

Court

Supreme Court of Appeal

Case number

527/88

Judges

Nestadt, Nicholas, Nienaber

South Africa Supreme Court of Appeal criminal appeal on theft and defeating justice by a police officer who released a suspect and kept seized property.

• Theft
• Defeating The Course Of Justice
• Police Misconduct
• Contrectatio
• Criminal Intent
• Criminal-law