South Africa Case Law

Tsoaeli and Others v S (A222/2015)

Tsoaeli and Others v S (A222/2015) [2016] ZAFSHC 217; 2018 (1) SACR 42 (FB) (17 November 2016)

Court

Free State High Court, Bloemfontein

Case number

A222/2015

Judges

Molemela, Moloi, Lekale

Section 12(1)(e) of the Regulation of Gatherings Act does not create an offence for attendees of a gathering for which no prior notice was given unless the gathering was specifically prohibited and such prohibition was communicated as contemplated in sections 3(2), 5, or 7 of the Act. The trial court erred in interpreting the provision to criminalise mere attendance. Such an interpretation violates the principle of legality, as the statute does not clearly and unequivocally define attendance at an unnotified gathering as a criminal offence. The historical context and constitutional rights to…

Source excerpt

• Regulation Of Gatherings Act
• Principle Of Legality
• Freedom Of Assembly
• Statutory Interpretation
• Nullum Crimen Sine Lege

S v Adams; S v Molejane (62/2013, 63/2013)

S v Adams; S v Molejane (62/2013, 63/2013) [2013] ZAFSHC 43 (4 April 2013)

Court

Free State High Court, Bloemfontein

Case number

62/2013, 63/2013

Judges

Lekale, Mhlambi

The High Court set aside convictions under a repealed statute, holding that offences committed after repeal had to be charged under the new Children’s Act.

• Principle Of Legality
• Nullum Crimen Sine Lege
• Nulla Poena Sine Lege
• Repeal Of Statute
• Transitional Provisions
• Criminal-law