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Criminal Law [2024] ZAWCHC 324

Thys v S (246/24)

Thys v S (246/24) [2024] ZAWCHC 324; 2025 (1) SACR 243 (WCC) (21 October 2024)

The conviction and sentence imposed on the appellant for trespassing were not in accordance with justice. The appellant was an ESTA occupier, having resided on the farm all his life and not earning above the statutory income threshold. The magistrate failed to conduct a proper inquiry into the appellant's status under ESTA and allowed the criminal process to be used as a mechanism for eviction, contrary to constitutional and statutory protections. The Trespass Act cannot be used to evict an ESTA occupier, and criminal proceedings must yield to the procedural safeguards of ESTA and the Constit…

  • Trespass Act
  • Esta Occupier Definition
  • Eviction Procedure
  • Section 26 Constitution
  • Criminal Procedure Act
  • Unlawful Eviction
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