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South Africa Case Law

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Delict [2024] ZAGPJHC 638

Mkhwane v Dyakala (14102/2020)

Mkhwane v Dyakala (14102/2020) [2024] ZAGPJHC 638 (15 July 2024)

Defamation claim over WhatsApp messages dismissed: the court held the corruption allegations were substantially true and other remarks were fair comment.

  • Defamation
  • Fair Comment
  • Truth And Public Interest
  • Burden Of Proof
  • Municipal Corruption
  • Fair-comment
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Criminal Law [2023] ZAKZDHC 64

National Director of Public Prosecutions v Western Breeze Trading 434 (Pty) Ltd and Another (D10619/2021)

National Director of Public Prosecutions v Western Breeze Trading 434 (Pty) Ltd and Another (D10619/2021) [2023] ZAKZDHC 64; 2024 (1) SACR 303 (KZD) (6 September 2023)

The court found, on a balance of probabilities, that both the Ebuhleni property and the development of the [...] M[...] Drive property were funded with proceeds of unlawful activities arising from municipal corruption, fraud, and money laundering. The respondents' explanations and supporting documents were unconvincing, and the evidence indicated that they knew or ought reasonably to have known the illicit origin of the funds. The Ebuhleni property was wholly acquired with unlawful proceeds and is to be forfeited in full to the State. For the [...] M[...] Drive property, only the value equiva…

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds Of Crime
  • Municipal Corruption
  • Money Laundering
  • Balance Of Probabilities
  • Property Rights Under Constitution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.