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South Africa decisions
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Foli v Minister of Police (739/2018) [2023] ZANWHC 120 (20 July 2023)
The High Court held that the plaintiff’s arrest for suspected stolen property was lawful and dismissed his claim for unlawful arrest and detention with costs.
Tshabalala v S (A195/2020) [2021] ZAGPPHC 362 (31 May 2021)
The High Court dismissed an appeal against conviction and sentence for possession of suspected stolen property, finding the section 36 requirements were met.
Barnard v Minister of Police and Another (CA286/18) [2019] ZAECGHC 58; [2019] 3 All SA 481 (ECG); 2019 (2) SACR 362 (ECG) (31 May 2019)
The High Court held that a warrantless arrest for suspected possession of stolen goods was unlawful because the officer failed to exercise discretion properly.
Sebaka v S (A82/2018) [2019] ZAGPPHC 196 (22 May 2019)
The court found that the appellant's admission was sufficient to satisfy the elements required for conviction under section 36 of the General Law Amendment Act. The appellant admitted knowing the goods were stolen and could not provide a satisfactory explanation for their possession. The inclusion of the statement regarding reasonable suspicion did not render the plea defective, as the appellant's own admissions established the necessary elements. The conviction was therefore upheld.
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Kopsani and Another v S (CA & R 123/2017) [2019] ZAECGHC 23; 2019 (2) SACR 53 (ECG) (14 March 2019)
The court found that there was no direct evidence linking the appellants to the theft of the vehicles and that the inference drawn by the Magistrate amounted to conjecture, failing the logical requirements for inferential reasoning. However, the evidence established that the appellants were found in possession of the stolen vehicles and were unable to provide any satisfactory account of such possession. This satisfied all the elements of the offence under section 36 of the General Law Amendment Act 62 of 1955. The conviction for theft was set aside and replaced with a conviction under section…
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Khanye v S (A82/2017) [2017] ZAGPJHC 251 (12 September 2017)
Appeal against conviction and sentence for possession of suspected stolen goods dismissed. The High Court found the State proved the section 36 offence and the sentence was proper.
Ndlazi v S (CA&R272/2016) [2017] ZAECGHC 23 (23 February 2017)
The court held that the reasonable suspicion required by section 36 of the General Law Amendment Act may be formed at any time during the accused's possession of the goods, not necessarily before the goods are found. The appellant was unable to give a satisfactory account of his possession of the Samsung cellphone and bank cards, and the circumstances under which they were found justified the police officer's suspicion that they were stolen. The State proved all elements of the offence beyond reasonable doubt, and the conviction was upheld. However, the magistrate misdirected herself by placi…
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S v Majikijela (15242/2015, B517/2014,) [2015] ZAWCHC 143 (9 October 2015)
The evidence did not prove theft beyond reasonable doubt, nor did it establish that the accused knew the goods were stolen. However, the accused was found in possession of goods, including cash, in circumstances giving rise to reasonable suspicion of theft and failed to provide a satisfactory account of such possession. Section 36 of the General Law Amendment Act creates an offence for such conduct and is a competent verdict on a charge of theft under section 264(1)(b) of the Criminal Procedure Act. The failure to alert the accused to the possibility of a competent verdict does not bar substi…
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Mothwa v S (CA 19/2014) [2014] ZANWHC 49 (12 September 2014)
The High Court set aside a robbery conviction, finding recent possession of a stolen vehicle after three days was insufficient, but substituted a section 36 conviction.
Madonsela v S (A463/2011) [2012] ZAGPJHC 67; 2012 (2) SACR 456 (GSJ) (19 April 2012)
The High Court set aside a robbery conviction based on recent possession of a stolen vehicle, substituted a section 36 conviction, and reduced sentence.
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