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South Africa decisions
Decisions matching the current search
S v Setenane and Another (CAP 02/2025) [2025] ZANWHC 35 (3 February 2025)
The High Court dismissed a petition for leave to appeal against sentence, holding that the petitioners had no reasonable prospects of success given their prior convictions.
Foli v Minister of Police (CIV APP FB 14/2024) [2025] ZANWHC 25 (3 February 2025)
The court found that the arresting officer was a peace officer who, upon being pointed out by the complainant, searched the appellant and found a memory card containing photos of the complainant's family. The appellant failed to provide a satisfactory explanation for possession of the memory card, giving rise to a reasonable suspicion of an offence under section 36 of the General Law Amendment Act. Although section 36 is not specifically listed in Schedule 1 of the Criminal Procedure Act, it carries penalties equivalent to theft, which is a Schedule 1 offence. The value of the property is not…
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Mothobi v S (A25/2023) [2023] ZAFSHC 308 (8 August 2023)
The High Court upheld an appeal against convictions for motor-vehicle theft and possession of suspected stolen property, setting both convictions aside.
Foli v Minister of Police (739/2018) [2023] ZANWHC 120 (20 July 2023)
The High Court held that the plaintiff’s arrest for suspected stolen property was lawful and dismissed his claim for unlawful arrest and detention with costs.
S v Masenyetsa and Others (R06/2023) [2023] ZAFSHC 148 (5 May 2023)
High Court review correcting an overlong magistrates’ court sentence and confirming guilty-plea convictions despite procedural irregularities.
Tshabalala v S (A195/2020) [2021] ZAGPPHC 362 (31 May 2021)
The High Court dismissed an appeal against conviction and sentence for possession of suspected stolen property, finding the section 36 requirements were met.
S v Sehloho (R82/2020) [2021] ZAFSHC 123 (15 April 2021)
The accused admitted knowing the goods were stolen and intended to benefit from their storage, satisfying the dishonesty element of section 36 of the General Law Amendment Act. His legal representation and confirmation of the section 112(2) statement rendered the admissions sufficient. The conviction is confirmed. The sentence is amended to reference the statutory provision, correcting the vague condition. The order declaring the accused unfit to possess a firearm under section 103(1) of the Firearms Control Act is set aside, as the magistrate failed to conduct the required enquiry under sect…
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Mntungwa v S (AR11/2019) [2020] ZAKZPHC 21 (10 July 2020)
The High Court set aside a robbery conviction based on unreliable dock identification and substituted several housebreaking convictions with a section 36 competent verdict.
S v Evans and Another (01/2019) [2019] ZANWHC 17 (9 May 2019)
High Court review set aside theft convictions where the accused did not admit all elements of theft and the alternative count had ended in acquittal.
Kopsani and Another v S (CA & R 123/2017) [2019] ZAECGHC 23; 2019 (2) SACR 53 (ECG) (14 March 2019)
The court found that there was no direct evidence linking the appellants to the theft of the vehicles and that the inference drawn by the Magistrate amounted to conjecture, failing the logical requirements for inferential reasoning. However, the evidence established that the appellants were found in possession of the stolen vehicles and were unable to provide any satisfactory account of such possession. This satisfied all the elements of the offence under section 36 of the General Law Amendment Act 62 of 1955. The conviction for theft was set aside and replaced with a conviction under section…
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