South Africa Case Law

Killian v S (CC7/2023)

Killian v S (CC7/2023) [2024] ZAWCHC 318 (17 October 2024)

Court

Western Cape High Court, Cape Town

Case number

CC7/2023

Judge

M Sher

The court found that the applicant failed to establish any exceptional circumstances that would justify his release on bail for a Schedule 6 offence. The evidence showed a direct and knowing involvement in the electronic tracking of the victim prior to his assassination, and the applicant's explanations were riddled with improbabilities and untruths. The applicant attempted to destroy material evidence and was connected to organised crime figures, posing a real risk of witness intimidation, evidence tampering, and flight from justice. His personal circumstances, including his medical conditio…

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• Bail Application
• Premeditated Murder
• Organised Crime
• Electronic Surveillance
• Exceptional Circumstances
• Witness Intimidation

Ngwenya and Another v S (CC22/2023)

Ngwenya and Another v S (CC22/2023) [2024] ZANWHC 146 (20 June 2024)

Court

North West High Court, Mafikeng

Case number

CC22/2023

Judge

FMM Reid

High Court bail decision refusing release to two accused facing Schedule 6 charges, finding the State case strong and the risk of witness interference real.

• Bail Proceedings
• Schedule 6 Offences
• Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Organised Crime

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023)

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023) [2024] ZAECMKHC 15 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1013/2023

Judge

Ronaasen

The court found that Intercape had established, on uncontested evidence, that it was the victim of a sustained, countrywide campaign of violence and intimidation orchestrated by the taxi industry, amounting to organised crime and racketeering. The Police, despite acknowledging the existence of this campaign, failed to investigate the incidents as organised crime and instead treated them as isolated events. The Provincial Commissioners did not report the crimes to the DPCI as required by section 16(4)(b) of the SAPS Act, and the DPCI failed to investigate them as national priority offences. Th…

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• Police Duties
• Organised Crime
• Racketeering
• Structural Relief
• Constitutional Obligations
• Failure To Investigate

Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023)

Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023) [2023] ZAGPPHC 2025; 2024 (3) SA 198 (GP) (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

B1342/2023

Judge

Le Grange

The High Court held that a contract to stage public boxing contests between social-media rivals was unlawful, contra bonos mores, and unenforceable.

• Contra Bones Mores
• Illegal Contracts
• Consent In Criminal Law
• Public Policy
• Organised Crime
• Unlawful Activity

Adams and Another v S (A135/2022; CC47/2021)

Adams and Another v S (A135/2022; CC47/2021) [2022] ZAWCHC 201 (17 October 2022)

Court

Western Cape High Court, Cape Town

Case number

A135/2022; CC47/2021

Judge

Thulare

Bail appeal dismissed where the High Court found no exceptional circumstances for release, given serious organised-crime allegations and witness testimony.

• Bail Application
• Exceptional Circumstances
• Organised Crime
• Gang Related Offences
• Section 204 Witnesses
• Intimidation

Osagiede and Others v S (A95/22)

Osagiede and Others v S (A95/22) [2022] ZAWCHC 166; [2022] 4 All SA 845 (WCC) (1 September 2022)

Court

Western Cape High Court, Cape Town

Case number

A95/22

Judge

Thulare

The High Court dismissed an extradition-related bail appeal by eight appellants, finding the State had shown risks of flight, interference, and undermining justice.

• Extradition Procedure
• Bail Application
• Organised Crime
• Money Laundering
• Cybercrime
• Immigration Status

Mbele and Another v S (A207/11)

Mbele and Another v S (A207/11) [2012] ZAFSHC 184 (27 September 2012)

Court

Free State High Court, Bloemfontein

Case number

A207/11

Judges

Kruger, Mocumie, Danzfuss

The Free State High Court dismissed Bongani Mbele’s appeal, but allowed Sifisa Dludlu’s appeal and set aside his convictions on counts 14 to 17.

• Robbery With Aggravating Circumstances
• Organised Crime
• Similar Fact Evidence
• Unlawful Possession Of Firearms
• Criminal Procedure
• Criminal-appeal

S v Ndebele and Another (SS16/10)

S v Ndebele and Another (SS16/10) [2011] ZAGPJHC 42 (14 March 2011)

Court

South Gauteng High Court, Johannesburg

Case number

SS16/10

Judge

Lamont

The court sentenced two accused for large-scale theft of electricity and related offences, imposing lengthy imprisonment and treating the counts as a globular sentence.

• Theft Of Electricity
• Organised Crime
• White Collar Crime
• Sentencing Principles
• Sentencing
• Electricity-theft