South Africa Case Law

S v Porritt and Another (SS 40/2006)

S v Porritt and Another (SS 40/2006) [2021] ZAGPJHC 381 (19 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

SS 40/2006

Judge

Spilg

The court held that the State lawfully obtained the letters of request under section 2(2) of the ICCMA, as the accused had not yet pleaded and proceedings had not commenced. The Constitutional Court and Supreme Court of Appeal have determined that section 2(2) applies prior to the commencement of proceedings and that the safeguards in section 5(2)(b) adequately protect the accused's fair trial rights. The accused's argument that the State deliberately withheld the institution of proceedings to frustrate their rights was rejected, as the law does not permit a section 2(1) application before th…

Source excerpt

• Admissibility Of Documentary Evidence
• International Cooperation In Criminal Matters
• Letters Of Request
• Fair Trial Rights
• Affidavit Evidence
• Constitutional Challenge

Tulip Diamonds FZE v Minister for Justice and Constitutional Development and Others (CCT 93/12)

Tulip Diamonds FZE v Minister for Justice and Constitutional Development and Others (CCT 93/12) [2013] ZACC 19; 2013 (10) BCLR 1180 (CC); 2013 (2) SACR 443 (CC) (13 June 2013)

Court

Constitutional Court

Case number

CCT 93/12

Judges

Van der Westhuizen, Moseneke, Froneman, Khampepe, Mhlantla, Skweyiya, Jafta, Nkabinde, Zondo

The majority held that Tulip Diamonds FZE failed to establish standing under both common law and section 38 of the Constitution. Tulip did not demonstrate a direct and substantial legal interest in the documents to be disclosed, nor did it substantiate claims of confidentiality or privacy. The mere fact of disclosure did not constitute sufficient legal effect. The court found no procedural irregularity or fraud in the respondents' actions and held that the decisions to accede to the Belgian request and issue the subpoena were lawful and procedurally fair. The minority, however, found that Tul…

Source excerpt

• Standing
• Promotion Of Administrative Justice Act
• International Cooperation In Criminal Matters
• Judicial Review
• Right To Privacy
• Procedural Fairness

National Director of Public Prosecutions v Falk and Another (8420/2003)

National Director of Public Prosecutions v Falk and Another (8420/2003) [2012] ZAWCHC 211 (6 July 2012)

Court

Western Cape High Court, Cape Town

Case number

8420/2003

Judge

Louw

The court held that the first respondent, Mr Falk, had waived legal professional privilege over the written legal opinion and oral advice by referring to them in affidavits and statements. The documents and records of advice are relevant to the contempt proceedings, as Falk's defence relies on the validity of the cession and the advice received. The NDPP's application to compel production of these documents was granted. The court also allowed the NDPP to amend its notice of application to expand the scope of alleged contempt to include ancillary interdictory orders and additional acts such as…

Source excerpt

• Contempt Of Court
• Restraint Order
• International Cooperation In Criminal Matters
• Curatorship
• Legal Professional Privilege
• Discovery Of Documents

Falk and Another v National Director of Public Prosecutions (CCT 95/10)

Falk and Another v National Director of Public Prosecutions (CCT 95/10) [2011] ZACC 26; 2011 (11) BCLR 1134 (CC); 2012 (1) SACR 265 (CC) (16 August 2011)

Court

Constitutional Court

Case number

CCT 95/10

Judges

Van der Westhuizen, Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Yacoob

The Constitutional Court held that the registration of the German restraint order was effected under section 24 of ICCMA and could only be set aside under the grounds listed in section 26(1) of ICCMA. The applicants failed to approach the High Court for rescission on the basis that the registration was not in accordance with ICCMA, and did not demonstrate that enforcement would be contrary to the interests of justice. The interdictory order was granted as an ancillary order under section 26(8) of POCA, following the registration of the foreign restraint order, and section 26(10)(b) of POCA do…

Source excerpt

• Restraint Orders
• International Cooperation In Criminal Matters
• Arbitrary Deprivation Of Property
• Confiscation Orders
• Interdictory Relief
• Bill Of Rights Limitation

Goldberg and Another v Boshoff NO and Another (09/53076)

Goldberg and Another v Boshoff NO and Another (09/53076) [2010] ZAGPJHC 164 (30 July 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/53076

Judges

P.A. Meyer, P. Coppin

The High Court held that a magistrate lacked authority to order foreign witnesses in the UK to testify by teleconference in a South African criminal trial.

• International Cooperation In Criminal Matters
• Letter Of Request
• Electronic Evidence
• Interlocutory Orders
• Review Proceedings
• International-cooperation-in-criminal-matters

National Director of Public Prosecutions v Zuma and Others (13569/2006)

National Director of Public Prosecutions v Zuma and Others (13569/2006) [2007] ZAKZHC 4 (2 April 2007)

Court

High Courts - Kwazulu Natal

Case number

13569/2006

Judge

Levinsohn

The High Court granted a request for assistance to Mauritius to obtain original documents and affidavits for an ongoing corruption investigation.

• International Cooperation In Criminal Matters
• Letter Of Request
• Admissibility Of Evidence
• Search And Seizure
• Jurisdictional Facts
• International-cooperation-in-criminal-matters