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South Africa Case Law

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Criminal Law [2010] ZAKZPHC 102

Minister of Police and Another v Sosibo NO and Others (AR276/10)

Minister of Police and Another v Sosibo NO and Others (AR276/10) [2010] ZAKZPHC 102 (14 December 2010)

The High Court dismissed a police review of a magistrate’s order releasing seized alcohol, holding the applicants lacked locus standi and the magistrate made no irregularity.

  • Locus Standi
  • Release Of Seized Property
  • Criminal Procedure Act Section 31
  • Prosecuting Authority
  • Liquor Act Offence
  • Locus-standi
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Criminal Law [2004] ZAFSHC 73

S v Mokone (954/2004)

S v Mokone (954/2004) [2004] ZAFSHC 73 (29 July 2004)

The State failed to present direct evidence that the accused herself supplied liquor to persons under the age of 18, despite having obtained statements from minors who allegedly consumed liquor on the premises. The presence of another person selling liquor and the absence of direct testimony from the minors created reasonable doubt. The State did not discharge its burden of proof beyond reasonable doubt. Consequently, the conviction and sentence cannot stand and must be set aside.

  • Liquor Act Offence
  • Burden Of Proof
  • Failure To Call Witness
  • Conviction Review
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