South Africa Case Law

Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another; Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another (87638/2016)

Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another; Economic Freedom Fighters and Another v Minister of Justice and Constitutional Development and Another (87638/2016) [2019] ZAGPPHC 253; [2019] 3 All SA 723 (GP); 2019 (2) SACR 297 (GP) (4 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

87638/2016

Judges

A P Ledwaba, C Pretorius, D S Molefe

Section 18(2)(b) of the Riotous Assemblies Act is unconstitutional only to the extent that it imposes the same punishment on inciters as on actual perpetrators, as this is not rationally connected to the purpose of crime prevention and constitutes an unreasonable limitation on freedom of expression. The remainder of the section, which criminalises incitement with the requisite intention, is constitutionally valid. The Trespass Act does not conflict with PIE and ESTA; both statutes can operate together, and the charge against Mr Malema is not constitutionally deficient. Objections to the charg…

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• Freedom Of Expression
• Incitement
• Bill Of Rights Limitation
• Statutory Interpretation
• Criminal Sentencing

S v Kwatsha (CC 65/2011)

S v Kwatsha (CC 65/2011) [2012] ZAKZPHC 50 (7 August 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CC 65/2011

Judge

Ndlovu

The court found that the accused, a financial planner at Standard Bank, committed 37 counts of fraud involving approximately R6 million by misrepresenting to clients that their funds would be invested with approved companies, instead diverting the money to Messin Projects CC. The accused's explanation that he was influenced by his father was rejected as improbable and fabricated. The court held that the aggravating circumstances—including the large sum involved, the number and vulnerability of victims, breach of trust, damage to the bank's reputation, and lack of recovery of funds—far outweig…

Source excerpt

• Fraud
• Criminal Sentencing
• Minimum Sentences Act
• White Collar Crime
• Abuse Of Trust
• Banking Fraud

S v Kwatsha (CC 65/2011)

S v Kwatsha (CC 65/2011) [2012] ZAKZPHC 41; 2013 (1) SACR 311 (KZP) (24 July 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CC 65/2011

Judge

Ndlovu

Sentencing judgment for 37 counts of fraud. The court rejected mitigation based on alleged parental influence and imposed 15 years' imprisonment.

• Fraud
• Criminal Sentencing
• Minimum Sentences
• White Collar Crime
• Abuse Of Trust
• Criminal-sentencing

Lategan v S (A84/2006)

Lategan v S (A84/2006) [2007] ZAWCHC 89 (24 August 2007)

Court

Western Cape High Court, Cape Town

Case number

A84/2006

Judges

Davis, Motala

The High Court dismissed an appeal against convictions for fraud and issuing false documentation arising from fictitious steel transactions and VAT claims.

• Vat Fraud
• False Documentation
• Duplication Of Charges
• Criminal Sentencing
• Vat-fraud
• False-documentation

Sibiya and Others v Director of Public Prosecutions (CCT45/04B)

Sibiya and Others v Director of Public Prosecutions (CCT45/04B) [2006] ZACC 22; 2006 (2) BCLR 293 (CC); 2007 (1) SACR 347 (CC) (30 November 2006)

Court

Constitutional Court

Case number

CCT45/04B

Judges

Yacoob, Langa, Moseneke, Madala, Mokgoro, O'Regan, Sachs, Nkabinde, Van der Westhuizen

The Constitutional Court reviewed compliance with its supervision of death-sentence substitution and recorded that all outstanding sentences had been replaced.

• Death Penalty Substitution
• Supervisory Jurisdiction
• Mandamus
• Constitutional Invalidity
• Criminal Sentencing
• Death-penalty

S v Buisang (547/2005)

S v Buisang (547/2005) [2005] ZAGPHC 359 (8 June 2005)

Court

High Courts - Gauteng

Case number

547/2005

Judges

N.P. Willis, C.P. Rabie

On special review, the High Court confirmed a guilty plea to assault but set aside a fine exceeding the statutory maximum and substituted a lawful sentence.

• Criminal Sentencing
• Review Proceedings
• Assault
• Firearms Control
• Criminal-sentencing
• Special-review

S v Fourie and Others (CC 15/02)

S v Fourie and Others (CC 15/02) [2003] ZAECHC 7 (1 March 2003)

Court

High Courts - Eastern Cape

Case number

CC 15/02

Judge

L.E. Leach

The High Court held that the applicants needed leave to appeal against sentence, but not against their regional court convictions, except if necessary.

• Rape
• Indecent Assault
• Leave To Appeal
• Criminal Sentencing
• Automatic Right Of Appeal
• Criminal-sentencing

S v De Wee (SS75/02)

S v De Wee (SS75/02) [2002] ZAWCHC 79 (4 July 2002)

Court

Western Cape High Court, Cape Town

Case number

SS75/02

Judge

Williams

Sentencing judgment in which the court imposed life imprisonment for rape of a physically disabled complainant, finding no compelling and substantial circumstances.

• Minimum Sentencing
• Rape Of Disabled Person
• Compelling And Substantial Circumstances
• Criminal Sentencing
• Housebreaking And Theft
• Minimum-sentencing