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South Africa Case Law

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Criminal Law [2020] ZAKZPHC 11

Mathonsi v S (AR393/2018)

Mathonsi v S (AR393/2018) [2020] ZAKZPHC 11 (20 May 2020)

Appeal partly upheld: a firearm possession conviction was set aside, while convictions for unlawful hunting and trespass stood.

  • Unlawful Hunting
  • Trespass
  • Unlawful Possession Of Firearm
  • Common Purpose
  • Sentencing Principles
  • Criminal-appeal
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Criminal Law [2014] ZAGPPHC 847

Sehlabela and Others v S (A723/2014)

Sehlabela and Others v S (A723/2014) [2014] ZAGPPHC 847 (13 October 2014)

High Court bail appeal dismissed after the accused failed to show that release was in the interests of justice in a rhino-poaching case.

  • Bail Application
  • Schedule 5 Offences
  • Poaching
  • Conspiracy
  • Interests Of Justice
  • Criminal Procedure Act
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Criminal Law [2011] ZAECGHC 41

National Director of Public Prosecutions v Mniki (CA 85/2011)

National Director of Public Prosecutions v Mniki (CA 85/2011) [2011] ZAECGHC 41 (25 August 2011)

The court found that the respondent's version of events was so implausible and unsupported by the evidence that it could be rejected without referral to oral evidence. The presence of poaching implements, animal carcasses, and the respondent's false identification established a direct causal link between the vehicle and illegal poaching activities. The proportionality assessment weighed the seriousness of the offence, the prevalence of poaching, and the respondent's personal circumstances. The court concluded that forfeiture of the vehicle was not disproportionate and was warranted under sect…

  • Forfeiture Of Property
  • Prevention Of Organised Crime Act
  • Motion Proceedings
  • Proportionality Assessment
  • Poaching
  • Credibility Of Affidavit Evidence
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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.