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South Africa decisions
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Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)
The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
National Director of Public Prosecutions v Ramolahloane (900/2024) [2025] ZAFSHC 96 (27 March 2025)
The court found that the applicant established, on a balance of probabilities, that the properties and vehicles subject to the preservation order are proceeds of unlawful activities, specifically illicit gold mining and money laundering. The respondents failed to provide credible evidence or documentation to prove legitimate acquisition of the Toyota Hilux and Audi A5. Their explanations were vague, unsupported by financial records, and contradicted by uncontested evidence of cash purchases and criminal profiles. The court held that the respondents did not discharge the onus under section 52…
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Botha v S (Bail Appeal) (BA 03/2025) [2025] ZALMPPHC 49 (19 March 2025)
High Court bail appeal upheld after finding the magistrate misdirected itself on flight risk and irrelevant considerations; bail granted with conditions.
National Director of Public Prosecutions v Msimango and Another (62/2022) [2025] ZAECELLC 4 (18 March 2025)
The court found, on a balance of probabilities, that the second respondent was involved in a corrupt relationship with Makupula and benefited from the award of a PPE supply tender through the acquisition of a Mercedes Benz partially paid for with funds from KUPS Trading. The explanations provided by the respondents regarding the vehicle transactions and registration were implausible and failed to rebut the applicant's case. The court held that the property and the R328 000 paid towards its purchase were proceeds of unlawful activities and constituted an instrumentality of corruption and money…
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Lioma v S (A138/2020) [2025] ZAFSHC 111 (6 March 2025)
The appeal succeeded because the State failed to prove the appellant's guilt beyond reasonable doubt on all counts. The evidence relied upon by the court a quo was largely circumstantial and did not exclude reasonable inferences consistent with innocence. The State did not call key witnesses from the Departmental Tender Committee or other relevant officials, and the evidence of Mr Moeng was found to be unreliable and contradictory. The appellant's role in the procurement process was limited to signing memoranda of agreement after provincial approval, and there was no credible evidence that he…
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S v Henry (Review) (39/2025) [2025] ZAWCHC 89 (6 March 2025)
The court found that the accused had been represented by a person who was not authorised to practice as an advocate, which constitutes a fatal irregularity in criminal proceedings. On the authority of S v Van Eeden and related cases, such irregularity requires the proceedings to be rescinded without reference to the merits. The court determined that intervention was warranted at this stage to prevent the accused from participating in proceedings that would inevitably be set aside, thereby avoiding grave injustice. Accordingly, the criminal proceedings against the accused were reviewed, set as…
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Makalala v Unit Commander, Bellville Vehicle Crime Investigation Unit and Another (25568/2024) [2025] ZAWCHC 2; 2025 (2) SACR 43 (WCC) (13 January 2025)
The applicant established ownership and possession of the vehicles, shifting the onus to the respondents to justify retention. The respondents provided expert forensic evidence confirming that all three vehicles had been tampered with in contravention of section 68(6)(b) of the National Road Traffic Act. The court found that possession of such vehicles is unlawful, even for the owner, and that the police are justified in retaining them. Returning the vehicles would defeat the statutory purpose of preventing the use and possession of tampered vehicles. The application for the return of the veh…
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National Director of Public Prosecutions v Maine Management & Chartered Accountant (Pty) Ltd (4647/2023) [2024] ZAFSHC 415 (24 December 2024)
The High Court dismissed the NDPP’s forfeiture applications, finding the State had not proved the respondent’s banked funds were proceeds of unlawful activities.
Shabalala v S (AR332/2023) [2024] ZAKZPHC 114; 2025 (1) SACR 201 (KZP) (29 November 2024)
The appeal was dismissed as the trial court had considered all material evidence, including the affidavit of MEC Mabuyakhulu, either directly or through corroborating sources. The additions to the final judgment were found to be explanations and did not undermine the appellant's right to a fair trial. The trial court's credibility findings were justified based on the evidence, and the elements of fraud and corruption were correctly applied. The appellant's failure to disclose his relationship with Dr Savoi and the benefit he stood to acquire for himself and the ANC was material to the offence…
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Director of Public Prosecutions, KwaZulu-Natal v Golding and Others (CCC 63/2019) [2024] ZAKZDHC 61 (6 September 2024)
The High Court dismissed the State’s s 319 application to reserve questions of law after discharging the accused under s 174, holding the issues were factual.
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