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South Africa Case Law

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Criminal Law [2011] ZAECGHC 41

National Director of Public Prosecutions v Mniki (CA 85/2011)

National Director of Public Prosecutions v Mniki (CA 85/2011) [2011] ZAECGHC 41 (25 August 2011)

Court
Eastern Cape High Court, Grahamstown
Case number
CA 85/2011
Judges
D Chetty, A E B Dhlodhlo, D Z Dukada

The court found that the respondent's version of events was so implausible and unsupported by the evidence that it could be rejected without referral to oral evidence. The presence of poaching implements, animal carcasses, and the respondent's false identification established a direct causal link between the vehicle and illegal poaching activities. The proportionality assessment weighed the seriousness of the offence, the prevalence of poaching, and the respondent's personal circumstances. The court concluded that forfeiture of the vehicle was not disproportionate and was warranted under sect…

Source excerpt

  • Forfeiture Of Property
  • Prevention Of Organised Crime Act
  • Motion Proceedings
  • Proportionality Assessment
  • Poaching
  • Credibility Of Affidavit Evidence
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Tax Law [2009] ZASCA 172

Pahad Shipping CC v Commissioner for the South African Revenue Services (529/08)

Pahad Shipping CC v Commissioner for the South African Revenue Services (529/08) [2009] ZASCA 172; [2010] 2 All SA 246 (SCA); 72 SATC 35 (2 December 2009)

Court
Supreme Court of Appeal
Case number
529/08
Judges
Streicher, Brand, Snyders, Malan, Bosielo

The Supreme Court of Appeal found that there were serious reservations about the credibility of the appellant's factual averments regarding its relationship with Al Ajwad International LLC, as the documentary evidence did not support the appellant's version. The inconsistencies between the affidavits and the documents were not adequately explored, and the respondent was not given an opportunity to cross-examine the deponent to the founding affidavit. The court held that, given the doubts about the correctness of the appellant's allegations and the potential for injustice, the matter should be…

Source excerpt

  • Customs Duty
  • Transaction Value
  • Commission Vs Finance Charges
  • Appeal Procedure
  • Credibility Of Affidavit Evidence
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.