South Africa Case Law

Buthelezi v Minister of Police (40947/2019)

Buthelezi v Minister of Police (40947/2019) [2023] ZAGPJHC 748 (29 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40947/2019

Judge

Mahomed

The court found that the police acted on reasonable suspicion after receiving information from an informant, discovering a money printing machine and large sums of counterfeit currency on the plaintiff's property, and failing to contact the alleged tenant. The police questioned the plaintiff, attempted to verify his explanation, and only arrested him after forming an objective suspicion that he was involved in a serious Schedule 1 offence. The court held that the arrest and detention were not arbitrary but followed a rational process, and the police exercised their discretion appropriately. T…

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• Unlawful Arrest
• Unlawful Detention
• Damages Claim
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Counterfeit Currency

Minnies and Others v S (881/2011)

Minnies and Others v S (881/2011) [2012] ZASCA 102; 2012 (2) SACR 386 (SCA) (1 June 2012)

Court

Supreme Court of Appeal

Case number

881/2011

Judges

Mthiyane, Leach, Tshiqi, Petse, Ndita

The Supreme Court of Appeal held that 'tendering' under s 34(1)(b) of the South African Reserve Bank Act requires an offer of counterfeit money as genuine legal tender. In this case, all parties involved knew the banknotes were counterfeit and there was no attempt to pass them off as genuine. Therefore, the appellants' conduct did not amount to unlawful tendering as envisaged by the statute. The court found that the lower courts erred in their interpretation and application of the law, and the precedent in S v Modisakeng was wrongly decided. The convictions and sentences were set aside.

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• Counterfeit Currency
• Statutory Interpretation
• Tendering Vs Uttering
• Criminal Intent

S v Moseki (18/06)

S v Moseki (18/06) [2006] ZANWHC 21 (16 March 2006)

Court

North West High Court, Mafikeng

Case number

18/06

Judges

R D Hendricks, A A Landman

On automatic review, the High Court confirmed conviction for tendering counterfeit currency, but set aside a five-year sentence as above the magistrate’s sentencing jurisdiction.

• Counterfeit Currency
• Magistrates Court Jurisdiction
• Sentencing Limits
• Dishonesty Offences
• Magistrates-court-jurisdiction
• Sentencing-limits

Matlare v S (441/2003)

Matlare v S (441/2003) [2004] ZASCA 5 (11 March 2004)

Court

Supreme Court of Appeal

Case number

441/2003

Judges

Scott, Brand, Lewis

Appeal against conviction and sentence for offering counterfeit banknotes was dismissed. The court found the appellant’s denial improbable and upheld the sentence.

• Counterfeit Currency
• Criminal Liability
• Credibility Of Witnesses
• Sentencing Principles
• Counterfeit-currency
• Criminal-appeal

S v De Lange en 'n Ander (35/94)

S v De Lange en 'n Ander (35/94) [1995] ZASCA 94 (14 September 1995)

Court

Supreme Court of Appeal

Case number

35/94

Judges

E M Grosskopf, Nestadt, Arr, Scott

The SCA upheld sentences for two appellants convicted of issuing counterfeit banknotes, finding no misdirection and no basis to interfere with the trial court's discretion.

• Sentencing Discretion
• Counterfeit Currency
• Mitigating Factors
• Sentencing-discretion
• Counterfeit-currency
• Criminal-appeal

S v Van Der Westhuizen (32/94)

S v Van Der Westhuizen (32/94) [1995] ZASCA 15 (16 March 1995)

Court

Supreme Court of Appeal

Case number

32/94

Judges

Smalberger, F H Grosskopf, Olivier

Appeal against a two-year sentence for knowingly possessing and offering counterfeit banknotes was dismissed. The court found no sentencing misdirection or basis for interference.

• Counterfeit Currency
• Sentencing Discretion
• Corrective Supervision
• Statutory Offence
• Counterfeit-currency
• Criminal-sentencing