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South Africa Case Law

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Criminal Law [2020] ZAECGHC 99

National Director of Public Prosecutions v Matika (1678/2019)

National Director of Public Prosecutions v Matika (1678/2019) [2020] ZAECGHC 99 (1 September 2020)

The High Court ordered forfeiture of R114,281 cash under POCA, finding on a balance of probabilities that it was linked to drug dealing.

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds
  • Burden Of Proof
  • Evidentiary Inference
  • Pooca-forfeiture
  • Proceeds-of-unlawful-activities
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Criminal Law [2015] ZAGPPHC 554

Mangisi v S (936/2009)

Mangisi v S (936/2009) [2015] ZAGPPHC 554 (29 July 2015)

The High Court dismissed Bryan Mangisi’s appeal against conviction for armed robbery, finding his version improbable and the evidence overwhelmingly incriminating.

  • Armed Robbery
  • Firearms Offences
  • Appeal Against Conviction
  • Evidentiary Inference
  • Criminal-law
  • Armed-robbery
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Criminal Law [2014] ZAGPPHC 896

Staat v S (A825/2013)

Staat v S (A825/2013) [2014] ZAGPPHC 896 (7 November 2014)

Appeal against conviction for corruption dismissed. The High Court found that direct evidence and objective facts proved receipt of R1000 as gratification.

  • Corruption
  • Prevention And Combating Of Corrupt Activities Act
  • Gratification
  • Public Officials
  • Criminal Procedure
  • Evidentiary Inference
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Criminal Law [2014] ZAGPPHC 687

Mokgele v S (A318/2014)

Mokgele v S (A318/2014) [2014] ZAGPPHC 687 (4 September 2014)

The court found that the appellant's DNA in the vulva of the deceased proved sexual intercourse beyond reasonable doubt, rejecting his denial as not reasonably possibly true. The suggestion of consensual intercourse was dismissed as far-fetched. However, the evidence did not establish that the deceased was alive when violated, so the conviction for rape was altered to attempted rape. Regarding the robbery charge, the court held that the State did not prove violence or threat of violence in the deprivation of the cellphone, and the conviction was altered to theft. The murder conviction was uph…

  • Murder
  • Attempted Rape
  • Theft
  • Minimum Sentencing
  • Evidentiary Inference
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Criminal Law [2013] ZAECBHC 9

Monqo v S (CAR 7/11)

Monqo v S (CAR 7/11) [2013] ZAECBHC 9 (1 August 2013)

Criminal appeal against conviction and 28-year sentence for murder dismissed; the court found no material misdirection and upheld the trial magistrate’s findings.

  • Murder
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Appeal Principles
  • Evidentiary Inference
  • Criminal-appeal
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Criminal Law [2010] ZAWCHC 491

Buthelezi v S (SS337/2004)

Buthelezi v S (SS337/2004) [2010] ZAWCHC 491 (14 October 2010)

The High Court dismissed a late application for condonation and leave to appeal in a murder and rape matter, finding no reasonable prospects of success.

  • Condonation For Late Filing
  • Leave To Appeal
  • Murder
  • Rape
  • Evidentiary Inference
  • Condonation-for-late-filing
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Labour Law [2009] ZALCJHB 43

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR628/07)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR628/07) [2009] ZALCJHB 43 (15 April 2009)

Labour Court review of a CCMA award involving alleged intimidation and picket-rule breaches. The court set aside reinstatement and upheld dismissal for the affected employees.

  • Unfair Dismissal
  • Review Of Arbitration Award
  • Substantive Fairness
  • Procedural Fairness
  • Reinstatement
  • Evidentiary Inference
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Criminal Law [2008] ZAWCHC 146

Masinga v S (A248/2007)

Masinga v S (A248/2007) [2008] ZAWCHC 146 (22 February 2008)

The High Court upheld an appeal against a theft conviction, finding that mere presence in a stolen vehicle and suspicion from nearby tools did not prove guilt.

  • Theft
  • Possession Of Stolen Property
  • Evidentiary Inference
  • Criminal-law
  • Possession-of-stolen-property
  • Evidentiary-inference
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Criminal Law [1993] ZASCA 182

S v Ndlovu and Another (15/92)

S v Ndlovu and Another (15/92) [1993] ZASCA 182 (26 November 1993)

The court held that the State had not proved a prior agreement or common purpose to kill, so the murder convictions of the two appellants were set aside.

  • Common Purpose
  • Murder
  • Public Violence
  • Evidentiary Inference
  • Criminal-law
  • Common-purpose
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Criminal Law [1991] ZASCA 146

S v Gwala and Others (252/91)

S v Gwala and Others (252/91) [1991] ZASCA 146 (14 November 1991)

The court set aside first appellant’s convictions entirely, and quashed all appellants’ murder convictions, while upholding attempted murder and robbery convictions for appellants 2 to 6.

  • Common Purpose
  • Murder
  • Attempted Murder
  • Robbery With Aggravating Circumstances
  • Admissions
  • Evidentiary Inference
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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.