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South Africa Case Law

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Criminal Law [2012] ZAWCHC 315

National Director of Public Prosecutions v Nnaemeka (6747/2011)

National Director of Public Prosecutions v Nnaemeka (6747/2011) [2012] ZAWCHC 315 (20 September 2012)

The court granted POCA forfeiture of R80 000 seized from the respondent’s premises, finding the cash was linked to unlawful activity and rejecting the innocent owner defence.

  • Prevention Of Organised Crime Act
  • Forfeiture Of Property
  • Innocent Owner Defence
  • Drug Manufacturing
  • Admissibility Of Hearsay Evidence
  • Poca-forfeiture
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Criminal Law [2005] ZASCA 94

Prophet v National Director of Public Prosecutions (502/2004)

Prophet v National Director of Public Prosecutions (502/2004) [2005] ZASCA 94; [2006] 1 All SA 212 (SCA); 2006 (1) SA 38 (SCA); 2005 (2) SACR 670 (SCA) (29 September 2005)

The Supreme Court of Appeal held that the appellant's property was used as an instrumentality for manufacturing scheduled substances with the intention to produce methamphetamine. The property was adapted and equipped for illegal drug manufacturing, and its use was deliberate and planned. The court found a direct and substantial link between the property and the commission of the offence. The proportionality analysis, required at the second stage, did not reveal significant disproportionality between the forfeiture and the gravity of the offence. The appellant failed to provide sufficient mat…

  • Prevention Of Organised Crime Act
  • Forfeiture Of Property
  • Instrumentality Of Offence
  • Proportionality Analysis
  • Arbitrary Deprivation
  • Drug Manufacturing
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Criminal Law [1995] ZASCA 87

S v Ranta (580/93)

S v Ranta (580/93) [1995] ZASCA 87 (4 September 1995)

The Supreme Court of Appeal dismissed Booi Joseph Ranta’s appeal against conviction and sentence for participation in a mandrax manufacturing syndicate.

  • Drug Manufacturing
  • Circumstantial Evidence
  • Failure To Testify
  • Statutory Interpretation
  • Circumstantial-evidence
  • Drug-manufacturing
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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.