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South Africa decisions
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Viljoen v S (663/2018) [2019] ZASCA 22 (27 March 2019)
The Supreme Court of Appeal held that the police trap did not exceed providing an opportunity to offend, so the diamond-sale evidence was admissible and the appeal failed.
South African Diamond Producers Organisation v Minister of Minerals and Energy N.O. and Others (CCT234/16) [2017] ZACC 26; 2017 (10) BCLR 1303 (CC); 2017 (6) SA 331 (CC) (24 July 2017)
Section 20A of the Diamonds Act does not constitute a substantial interference with the property rights of diamond producers and dealers. The limitation imposed by section 20A is a rational regulatory measure that does not deprive licensees of their property nor does it limit their right to choose their trade, occupation or profession. The restriction relates only to the manner in which business is conducted, not to the right to sell or realise market value. The applicant failed to provide empirical evidence of deprivation or loss. The regulation is rationally connected to legitimate governme…
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South African Diamond Producers Organisation v Minister of Minerals and Energy N.O. and Others (98085/2007) [2016] ZAGPPHC 817 (6 September 2016)
The court found that section 20A of the Diamonds Act, as amended, infringes the rights of the applicant's members under sections 22 and 25(1) of the Constitution. The prohibition on assistance by non-licensees in diamond trading houses is irrational, arbitrary, and disproportionate, as it is permitted at diamond exchanges and export centres but prohibited elsewhere without sufficient justification. The respondents failed to discharge the onus under section 36 to justify the limitation. The court held that the deprivation of rights is not rationally connected to the legitimate government purpo…
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Pieters v S (A176/2013) [2014] ZAFSHC 5 (6 February 2014)
The High Court set aside a guilty-plea conviction for unlawfully selling unpolished diamonds, finding the plea statement defective and the magistrate’s questioning inadequate.
S v Molati (396/2011) [2012] ZAFSHC 84 (3 May 2012)
On automatic review, the High Court set aside a conviction and fine for possession of an unpolished diamond because the accused was charged under the wrong statute.
Trans Hex Group Ltd v Matsapa Trading 609 CC NO and Others (09/42044) [2010] ZAGPJHC 179 (10 December 2010)
The court held that the GDV was authorised to verify the price specified by the producer, which could include conducting its own valuation to test the accuracy of the specified fair market value. The verification by the GDV did not amount to administrative action with direct external legal effect and was not subject to judicial review under PAJA. The independent valuator's fixing of the price, however, was reviewable administrative action. The IDV failed to consider relevant information, specifically the actual market prices achieved for comparable stones and the DEEC tender results, which we…
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Kotze v S (429/08) [2009] ZASCA 93; 2010 (1) SACR 100 (SCA) ; [2010] 1 All SA 220 (SCA) (15 September 2009)
Appeal against convictions for buying unpolished diamonds was dismissed. The court upheld admission of undercover evidence under s 252A of the Criminal Procedure Act.
S v Spies and Another (18/99) [2000] ZASCA 5; [2000] 2 All SA 205 (A); (22 March 2000)
The Supreme Court of Appeal held that the conduct of the police, while undesirable and open to criticism, did not render it impossible for the appellants to have a fair trial. The defence was aware of the collaborative preparation of witness statements and had access to all relevant files before evidence was led. The opportunity to cross-examine State witnesses on these issues was available but not fully utilised. The appellants were lawfully before the court, and there was no evidence of unfair enticement or pressure in the trap operation. The trial was fair, and the convictions were support…
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S v Guman (73/89) [1990] ZASCA 122 (28 September 1990)
The court dismissed a criminal appeal against convictions for buying and possessing unwrought gold and possessing an unpolished diamond.
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