Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2025] ZASCA 90

Ditlhakanyane v S (775/2023)

Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)

Court
Supreme Court of Appeal
Case number
775/2023
Judges
Mocumie, Nicholls, Baartman, Musi, Windell

The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…

Source excerpt

  • Racketeering
  • Duplication Of Convictions
  • Prevention Of Organised Crime Act
  • Sentencing Discretion
  • Special Leave To Appeal
  • Pattern Of Racketeering Activity
Read case analysis
Criminal Law [2021] ZAWCHC 11

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020)

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020) [2021] ZAWCHC 11; 2021 (2) SACR 140 (WCC) (3 February 2021)

Court
Western Cape High Court, Cape Town
Case number
A150/2020
Judges
Goliath, Gamble, Fortuin

The court held that the indictment sufficiently disclosed offences under POCA for which the appellant could be charged and convicted. The appellant's association with the enterprise, through repeated acquisition of stolen firearms from FLASH, constituted a pattern of racketeering activity as defined in POCA, regardless of his lack of direct connection to Accused No.1. The delays in prosecution, while regrettable, did not amount to irreparable trial prejudice warranting a permanent stay, as the appellant was not uniquely prejudiced and the delays were largely attributable to circumstances beyo…

Source excerpt

  • Racketeering
  • Pattern Of Racketeering Activity
  • Joinder Of Accused
  • Permanent Stay Of Prosecution
  • Separation Of Trials
  • Prosecutorial Discretion
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.