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South Africa Case Law

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Criminal Law [2013] ZANCHC 44

Van der Merwe v S (CA & R 62/2013)

Van der Merwe v S (CA & R 62/2013) [2013] ZANCHC 44 (15 November 2013)

Appeal against sentence for illicit diamond dealing dismissed; the Northern Cape High Court held that the sentence was not shockingly inappropriate.

  • Illicit Diamond Dealing
  • Sentencing Principles
  • Mitigation Of Sentence
  • Diamond Act
  • Appeal Against Sentence
  • Criminal-law
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Administrative Law [2009] ZAGPPHC 355

Saidex (Pty) Ltd and Others v Minister Of Minerals And Energy N.O and Others (37651/2008)

Saidex (Pty) Ltd and Others v Minister Of Minerals And Energy N.O and Others (37651/2008) [2009] ZAGPPHC 355 (1 December 2009)

The High Court granted leave to appeal against its earlier refusal of urgent interim relief in a diamond-trading dispute involving amended Diamond Act licensing rules.

  • Interim Relief
  • Preservation Order
  • Leave To Appeal
  • Constitutional Challenge
  • Diamond Act
  • Urgency Procedure
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Criminal Law [1996] ZASCA 36

S v Deetlefs (361/95)

S v Deetlefs (361/95) [1996] ZASCA 36 (28 March 1996)

The Supreme Court of Appeal found that the appellant was correctly convicted of theft of the diamonds, as the evidence overwhelmingly supported the complainant's version and the appellant's account was improbable. However, the conviction for contravening section 20 of the Diamonds Act was set aside, as the appellant never possessed the subjective intention to purchase the diamonds but always intended to steal them. The statutory offence requires the intention to buy, not merely the simulation of a purchase. The sentence imposed for theft was found to be appropriate, and the appellant's argume…

  • Theft
  • Mens Rea
  • Diamond Act
  • Unlawful Possession
  • Sentencing Principles
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