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South Africa decisions
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Mhlanga v Minister of Police (41410/2012) [2018] ZAGPJHC 46 (16 February 2018)
The High Court held that the plaintiff’s warrantless arrest and detention were lawful because the officer credibly observed liquor-selling offences in his presence.
Van der Burg and Another v National Director of Public Prosecutions (A236/10) [2011] ZAWCHC 75 (16 March 2011)
The court held that the appellants' property was deliberately arranged, adapted, and used as the central instrumentality for the illegal shebeen operation, which persisted over six years despite repeated police interventions and a preservation order. The offences committed under the Liquor Act fall squarely within the ambit of POCA, as the punishment may exceed one year imprisonment without the option of a fine. POCA applies to individual wrongdoing, not only organised crime. The proportionality assessment, considering the persistent criminal enterprise, the failure of conventional law enforc…
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Pietersen v S (A25/2007) [2008] ZAWCHC 263 (12 September 2008)
The High Court dismissed an appeal against sentence for repeated illegal liquor trading, holding that direct imprisonment was justified despite a guilty plea and first-offender status.
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