South Africa Case Law

S v Brown and Others (CC 18/2017)

S v Brown and Others (CC 18/2017) [2019] ZAECPEHC 11; [2019] 2 All SA 552 (ECP) (5 February 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC 18/2017

Judge

M Makaula

The court found that the State proved beyond reasonable doubt that Accused 1 and 2 formed an association of fact enterprise and managed its affairs through a pattern of racketeering activities, including illegal fishing, possession, and processing of abalone without permits, and money laundering. The evidence of section 204 witnesses was corroborated by police testimony, cellphone records, and documentary evidence. The court held that most searches and seizures were lawful under the CPA and Constitution, and that objections to the lawfulness of searches did not avail the accused where the rig…

Source excerpt

• Racketeering
• Money Laundering
• Illegal Fishing
• Search And Seizure
• Forfeiture Of Property
• Accomplice Evidence

S v Blignaut and Others (CC19/2017)

S v Blignaut and Others (CC19/2017) [2017] ZAECPEHC 55; 2018 (1) SACR 587 (ECP) (21 November 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC19/2017

Judge

M Makaula

The High Court sentenced two illegal immigrants for abalone-related racketeering and Marine Living Resources offences, imposing wholly suspended terms and deportation.

• Marine Living Resources Act
• Illegal Fishing
• Racketeering
• Prevention Of Organised Crime Act
• Immigration Act
• Sentencing Guidelines

S v Shi and Others (CA 04/2007)

S v Shi and Others (CA 04/2007) [2007] ZANWHC 42 (23 August 2007)

Court

North West High Court, Mafikeng

Case number

CA 04/2007

Judges

A J Swart, R D Hendricks

The High Court reduced a 4-year sentence for illegal abalone processing to 3 years, finding the magistrate had overemphasized an unproven quantity estimate.

• Marine Living Resources Act
• Illegal Fishing
• Sentencing Principles
• Repeat Offender
• Aggravating Factors
• Marine-living-resources-act