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South Africa Case Law

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Criminal Law [2008] ZAWCHC 238

Van Harte v S (A46/2007)

Van Harte v S (A46/2007) [2008] ZAWCHC 238 (8 August 2008)

The court set aside a drug trafficking conviction, substituted possession under section 4(b), and imposed a fine with alternative imprisonment and a suspended term.

  • Possession Of Illicit Drugs
  • Drug Trafficking
  • Sentencing Principles
  • Criminal-law
  • Drug-possession
  • Drug-trafficking
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Criminal Law [1987] ZASCA 104

S v Nongogo (5/1986)

S v Nongogo (5/1986) [1987] ZASCA 104 (25 September 1987)

The court found that the appellant failed to discharge the burden of proof required to rebut the statutory presumption of unlawful possession of Mandrax tablets. The appellant's explanation for possessing the tablets was deemed highly improbable and unacceptable, particularly given her failure to dispose of them promptly despite knowing their possession was illegal. The magistrate's assessment of the appellant as a poor witness who contradicted herself and gave evasive answers was upheld. The court agreed with the magistrate's view regarding the probabilities and found no reason to interfere…

  • Possession Of Illicit Drugs
  • Burden Of Proof
  • Credibility Of Witnesses
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Criminal Law [1984] ZASCA 157

S v Edwards (304/83)

S v Edwards (304/83) [1984] ZASCA 157 (29 November 1984)

The appeal succeeded because the court found the magistrate gave inadequate reasons for rejecting the appellant’s version and the conviction could not stand.

  • Possession Of Illicit Drugs
  • Statutory Presumptions
  • Credibility Of Witnesses
  • Criminal-law
  • Drug-offences
  • Credibility-of-witnesses
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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.