South Africa Case Law

Seothaeng v S (A209/2023)

Seothaeng v S (A209/2023) [2024] ZAGPPHC 460; 2025 (1) SACR 270 (GP) (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A209/2023

Judges

Mncube, Janse van Nieuwenhuizen

The court found that the trial court misdirected itself by treating the offences as separate when they arose from a single continuous incident with a common intent. The malicious injury to property was committed expressly to facilitate the extortion. The failure to order concurrent sentences resulted in a cumulative punishment that was disproportionate and lacked mercy. The appeal was upheld, and the sentences were ordered to run concurrently to reflect the true nature of the criminal conduct and to ensure a just penal outcome.

Source excerpt

• Sentencing Discretion
• Concurrent Sentences
• Extortion
• Malicious Injury To Property
• Appeal Against Sentence

Aheer and Another v Govender (7098/2020P; 7136/2020P)

Aheer and Another v Govender (7098/2020P; 7136/2020P) [2024] ZAKZPHC 7 (8 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7098/2020P; 7136/2020P

Judge

Sibisi AJ

The High Court ordered repayment to two plaintiffs after finding the defendant had used threats and misrepresentation to extract money and other benefits.

• Unjust Enrichment
• Fraudulent Misrepresentation
• Extortion
• Default Judgment
• Restitution
• Costs Award

FP Specialty (Pty) Ltd v Dorasamy and Others (D6694/2022)

FP Specialty (Pty) Ltd v Dorasamy and Others (D6694/2022) [2023] ZAKZDHC 49 (27 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D6694/2022

Judge

Mossop

The High Court granted a final interdict against a former employee and a private investigator who tried to pressure the applicant and its customers under a guise of police involvement.

• Final Interdict
• Urgent Interdict
• Abuse Of Process
• Privacy Rights
• Extortion
• Role Of Private Investigators

Ralehike v Minister of Police (1416/2020)

Ralehike v Minister of Police (1416/2020) [2022] ZANCHC 84 (14 December 2022)

Court

Northern Cape High Court, Kimberley

Case number

1416/2020

Judge

Mamosebo

The High Court held that the plaintiff’s arrest and detention were lawful under section 40(1)(b) of the CPA and dismissed his damages claim with costs.

• Unlawful Arrest
• Detention
• Reasonable Suspicion
• Fraud
• Extortion
• Section 40 Criminal Procedure Act

ENX Group Limited v Spilkin (2296/2022)

ENX Group Limited v Spilkin (2296/2022) [2022] ZAECQBHC 42 (8 November 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

2296/2022

Judge

Lowe

The court found that the applicant failed to establish a clear right to final interdictory relief. The communications and threats complained of were directed primarily at Mr. Hannington, who was not cited as an applicant, and not at the applicant company itself. The respondent's conduct, viewed in context, constituted attempts to recover monies he believed were due for services rendered, and his threats to institute legal proceedings or report alleged misconduct were lawful assertions of rights, not unlawful extortion or harassment. The applicant did not fully disclose the factual background,…

Source excerpt

• Final Interdict
• Defamation
• Harassment
• Extortion
• Compounding
• Urgent Application

Jaguar Feed Enterprises (Pty) Ltd v Sibeko Agri Marketing (Pty) Ltd and Others (18000/2019)

Jaguar Feed Enterprises (Pty) Ltd v Sibeko Agri Marketing (Pty) Ltd and Others (18000/2019) [2020] ZAWCHC 176 (7 December 2020)

Court

Western Cape High Court, Cape Town

Case number

18000/2019

Judge

J I Cloete

The High Court dismissed an application for a final interdict against a third respondent over alleged improper threats and held the relief was too broad and unsupported.

• Final Interdict
• Spoliatory Relief
• Extortion
• Costs Order
• Personality Rights
• Final-interdict

Constantia Metering Services (Pty) Ltd v Thokwane and Others (37474/2020)

Constantia Metering Services (Pty) Ltd v Thokwane and Others (37474/2020) [2020] ZAGPPHC 620 (11 November 2020)

Court

North Gauteng High Court, Pretoria

Case number

37474/2020

Judge

S Baqwa

The High Court granted a final interdict restraining harassment, intimidation, extortion, and interference with Constantia Metering Services’ business operations.

• Final Interdict
• Harassment
• Extortion
• Threats To Business Operations
• Right To Economic Activity
• Final-interdict

Bavisa v S (27/26/18)

Bavisa v S (27/26/18) [2018] ZAECPEHC 83 (2 October 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

27/26/18

Judge

Toni

High Court appeal against refusal of bail upheld, with bail granted on conditions after finding the magistrate misdirected himself and delays were excessive.

• Bail Application
• Exceptional Circumstances
• Constitutional Rights
• Unlawful Detention
• Balance Of Interests
• Bail-appeal

Maharajh and Others v S (AR552/2015)

Maharajh and Others v S (AR552/2015) [2017] ZAKZPHC 67 (3 November 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR552/2015

Judges

Seegobin, Poyo Dlwati

The High Court upheld the appeal against an extortion conviction, set aside the sentence, and found the trial magistrate failed to assess the evidence properly.

• Extortion
• Assessment Of Evidence
• Single Witness Rule
• Onus Of Proof
• Magistrate Misdirection
• Criminal-appeal

Semelane and Others v S (A17/2014)

Semelane and Others v S (A17/2014) [2015] ZAFSHC 23 (29 January 2015)

Court

Free State High Court, Bloemfontein

Case number

A17/2014

Judges

Rampai, Tsatsi

The High Court partly upheld appeals against convictions and sentences arising from multiple extortion and robbery schemes, setting aside several charges and reducing effective sentences.

• Extortion
• Robbery
• Impersonation Of Police Officer
• Kidnapping
• Theft
• Sentencing Principles