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South Africa decisions
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S v Molati (396/2011) [2012] ZAFSHC 84 (3 May 2012)
On automatic review, the High Court set aside a conviction and fine for possession of an unpolished diamond because the accused was charged under the wrong statute.
S v Molalose (451/07) [2007] ZAGPHC 393 (13 November 2007)
The High Court set aside a guilty-plea conviction for unlawful possession of unwrought gold, finding the magistrate had not ensured all offence elements were admitted.
S v Ngake and Another (70/05) [2005] ZANWHC 44 (9 June 2005)
On special review, the High Court set aside convictions based on a flawed charge: a diamond is not unwrought precious metal. All convictions were quashed.
Anglogold Ltd v Mthombeni and Others (J2662/00) [2001] ZALC 8 (31 January 2001)
The court held that the applicant failed to establish any of the grounds for review under section 33(1) of the Arbitration Act. The arbitrator's decision was based on the evidence presented, which did not sufficiently prove that the gold concentrate was the company's property or that the employee was in possession of it. The arbitrator's reasoning, even if erroneous, did not amount to misconduct, gross irregularity, or mala fides. The charge against the employee was not proven on a balance of probabilities, and the arbitrator's conclusion was not grossly unreasonable. The application to set a…
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Thulo v S (A514/98, 45/95) [1998] ZAGPHC 2 (5 August 1998)
The court found that the magistrate erred in refusing bail. The accused did not pose a risk of interfering with witnesses, hampering the investigation, or evading trial. The offence charged was not a schedule 1 or 5 offence, and the accused had attended all previous hearings. The evidence did not establish a prima facie case, and the accused's previous convictions were dated and not directly relevant. The court concluded that the interests of justice would not be prejudiced by granting bail, and the conditions agreed upon were fair and appropriate.
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S v Guman (73/89) [1990] ZASCA 122 (28 September 1990)
The court dismissed a criminal appeal against convictions for buying and possessing unwrought gold and possessing an unpolished diamond.
S v Petkar (322/87) [1988] ZASCA 74; [1988] 2 All SA 550 (A) (1 June 1988)
The appellate court found that the sentence of four years imprisonment was excessive given the circumstances of the case. The appellant was not a first offender, but his involvement in the offence was precipitated by persistent persuasion and exploitation of trust by the trap, which reduced his moral culpability. The forfeiture of R13,000 was a significant consequence that should have been considered in mitigation. The progression from the previous sentence to the current one was unjustified, and the difference between the imposed sentence and what the court considered appropriate was strikin…
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