S v Lubbe (23/87)
S v Lubbe (23/87) [1989] ZASCA 3 (7 March 1989)
The court held that, by virtue of the loan agreements entered into under the Landboukrediet Act, ownership of all crops produced by the appellant after the agreements passed to the State as security for the loans. The appellant was fully aware of this arrangement, as evidenced by his own statements and conduct. His subsequent actions—ceding crops to a third party and delivering crops under false names to various cooperatives—constituted fraudulent misrepresentation and theft, as he knowingly acted contrary to the State's rights. The trial court correctly convicted him on all charges, and the…
Source excerpt
- Fraud
- Theft
- Insolvency Act
- Landboukrediet Act
- Ownership Of Crops
- Sentencing Principles