Ndyamarha and Another v S (Appeal) (CA & R 245/2022)
Ndyamarha and Another v S (Appeal) (CA & R 245/2022) [2025] ZAECMKHC 22 (11 March 2025)
The court found that the evidence established the essential elements of theft. The appellants received payment for accommodation that was never provided, and the 'virtual bed & breakfast' entities were fictitious. The first appellant conceded under cross-examination that he had no legitimate claim to the funds. The argument that the matter was a civil breach of contract was rejected, as the facts satisfied the requirements for theft as set out in S v Boesak. The trial magistrate's factual findings were upheld, and there was no basis for interference by the appeal court.
Source excerpt
- Theft
- Elements Of Crime
- Distinction Between Theft And Breach Of Contract
- Evaluation Of Evidence
- Animus Furandi