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South Africa Case Law

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Last checked: 9 Oct 2026, 01:15 UTC

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30 Jun 2025

Administrative Law [2025] ZAGPJHC 661

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038)

Northbound Processing (Pty) Ltd v South African Diamond and Precious Metals Regulator and Others (2025/072038) [2025] ZAGPJHC 661 (30 June 2025)

Court: South Gauteng High Court, Johannesburg
Case number: 2025/072038
Judge: DJ Smit

The court ordered release of a refining licence to Northbound, found a prima facie right to interim relief, struck a counter-application for lack of urgency, and referred false citations to the LPC.

Mandamus
Precious Metals Act
Sale Of Business
Interim Interdict
Shareholder Approval
Oudkraal Doctrine

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18 May 2023

Criminal Law [2023] ZAGPPHC 343

S v Ngobeni

S v Ngobeni [2023] ZAGPPHC 343; A58/2023 (18 May 2023)

Court: North Gauteng High Court, Pretoria
Case number: A58/2023
Judge: Khwinana

High Court appeal against refusal of bail dismissed. The court held the appellant had not shown that the interests of justice permitted release.

Bail Application
Flight Risk
Identity Dispute
Schedule 5 Offences
Money Laundering
Precious Metals Act

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1 Jul 2022

Criminal Law [2022] ZAFSHC 166

S v Makutoane and Others (01/2020)

S v Makutoane and Others (01/2020) [2022] ZAFSHC 166; 2022 (2) SACR 589 (FB) (1 July 2022)

Court: Free State High Court, Bloemfontein
Case number: 01/2020
Judges: N. Snellenburg, I. Van Rhyn

The court found that the sentences imposed by the magistrate, ordering fines with alternative imprisonment to run concurrently, were incompetent under section 280(2) of the Criminal Procedure Act, as concurrency applies only to imprisonment sentences. However, since the accused have already served their sentences, are foreign nationals with unknown addresses, and have likely been deported, it would not serve the interests of justice to set aside the sentences or require their return for resentencing. The court confirmed the convictions and amended the forfeiture order to reflect the correct s…

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Sentencing Concurrency
Precious Metals Act
Immigrations Act
Automatic Review
Forfeiture Of Property

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20 Feb 2020

Labour Law [2020] ZALCJHB 46

Anglogold Ashanti Limited v Association of Mineworkers and Construction Union obo Dlungane and Others (JR2099/16)

Anglogold Ashanti Limited v Association of Mineworkers and Construction Union obo Dlungane and Others (JR2099/16) [2020] ZALCJHB 46 (20 February 2020)

Court: Labour Court Johannesburg
Case number: JR2099/16
Judge: P Nkutha-Nkontwana

The Labour Court set aside a CCMA award, holding that the commissioner misconceived the enquiry and that Dlungane’s dismissal was substantively fair.

Unfair Dismissal
Circumstantial Evidence
Burden Of Proof
Disciplinary Code
Unauthorised Possession
Precious Metals Act

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22 Mar 2019

Criminal Law [2019] ZAFSHC 108

Chaba and Others v S (A190/2017)

Chaba and Others v S (A190/2017) [2019] ZAFSHC 108; [2019] 3 All SA 103 (FB) (22 March 2019)

Court: Free State High Court, Bloemfontein
Case number: A190/2017
Judges: Rampai, Mathebula, Loubser

The court found that the cumulative circumstantial evidence, including the discovery of illegal gold refinery plants, documents, photographs, and the circumstances of arrest, established beyond reasonable doubt that the appellants participated in an organized racketeering enterprise involving illegal mining, theft of precious metals, and money laundering. The physical extraction of ore satisfied the element of appropriation required for theft, regardless of whether the ore remained on the mine premises. The doctrine of common purpose was correctly applied, as the evidence showed active associ…

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Racketeering
Illegal Mining
Theft Of Precious Metals
Money Laundering
Doctrine Of Common Purpose
Precious Metals Act

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16 Nov 2017

Criminal Law [2017] ZAGPPHC 798

National Director for Public Prosecutions v JV Gold Bridge (Pty) Ltd (27670/15)

National Director for Public Prosecutions v JV Gold Bridge (Pty) Ltd (27670/15) [2017] ZAGPPHC 798 (16 November 2017)

Court: North Gauteng High Court, Pretoria
Case number: 27670/15
Judge: D S Fourie

The High Court held that JV Gold Bridge had standing to oppose forfeiture, but the State failed to prove the gold bars were instrumentalities of an offence.

Prevention Of Organised Crime Act
Forfeiture Order
Locus Standi
Precious Metals Act
Instrumentality Of Offence
Poca-forfeiture

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19 Apr 2016

Criminal Law [2016] ZAGPPHC 257

Heaney v S (A464/2015)

Heaney v S (A464/2015) [2016] ZAGPPHC 257 (19 April 2016)

Court: North Gauteng High Court, Pretoria
Case number: A464/2015
Judges: AH Petersen, SS Mphahlele

The court found that the search warrant issued for the appellant's premises was invalid on multiple grounds: it failed to identify a specific police official, did not specify the offence or article with sufficient clarity, and was based on an unsigned and uncommissioned affidavit. The magistrate erred by not conducting a trial-within-trial to determine the admissibility of evidence obtained through the search, relegating the issue to one of credibility rather than legality. The respondent conceded the invalidity of the warrant, and the court reaffirmed that such defects constitute a violation…

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