South Africa Case Law

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020)

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020) [2021] ZAWCHC 11; 2021 (2) SACR 140 (WCC) (3 February 2021)

Court

Western Cape High Court, Cape Town

Case number

A150/2020

Judges

Goliath, Gamble, Fortuin

The court held that the indictment sufficiently disclosed offences under POCA for which the appellant could be charged and convicted. The appellant's association with the enterprise, through repeated acquisition of stolen firearms from FLASH, constituted a pattern of racketeering activity as defined in POCA, regardless of his lack of direct connection to Accused No.1. The delays in prosecution, while regrettable, did not amount to irreparable trial prejudice warranting a permanent stay, as the appellant was not uniquely prejudiced and the delays were largely attributable to circumstances beyo…

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• Racketeering
• Pattern Of Racketeering Activity
• Joinder Of Accused
• Permanent Stay Of Prosecution
• Separation Of Trials
• Prosecutorial Discretion

Maringa and Another v S (20116/2014)

Maringa and Another v S (20116/2014) [2015] ZASCA 28; 2015 (2) SACR 629 (SCA) (23 March 2015)

Court

Supreme Court of Appeal

Case number

20116/2014

Judges

Navsa, Leach, Willis, Schoeman, Meyer

The Supreme Court of Appeal held that sections 155 and 156 of the Criminal Procedure Act allow for joint trials where accused are alleged to have acted in furtherance of a common purpose, even if not all face identical charges. The offences in question were committed over a short period, at about the same time and place, and formed part of a single fraudulent scheme involving all accused. The alleged prejudice to the appellants—having to sit through evidence not directly related to their charges—was found to be minimal and outweighed by the prejudice to the State if separation were ordered, w…

Source excerpt

• Joinder Of Accused
• Separation Of Trials
• Common Purpose
• Fraud
• Corruption
• Criminal Procedure Act

S v Thamae and Others (318/2011)

S v Thamae and Others (318/2011) [2011] ZAFSHC 183 (10 November 2011)

Court

Free State High Court, Bloemfontein

Case number

318/2011

Judges

Kruger, C.J. Musi

High Court review confirming convictions and sentences despite improper joinder of three accused, and rejecting arguments on duplicative convictions and Immigration Act charges.

• Joinder Of Accused
• Dealing In Dagga
• Immigration Act Offences
• Duplication Of Convictions
• Joinder-of-accused
• Duplication-of-convictions