S v Ngake and Another (70/05) [2005] ZANWHC 44 (9 June 2005)
Court
North West High Court, Mafikeng
Case number
70/05
Judges
R D Mokgoatlheng, A A Landman
On special review, the High Court set aside convictions based on a flawed charge: a diamond is not unwrought precious metal. All convictions were quashed.
Ondombo Beleggings (Edms) Bpk. v Minister of Mineral and Energy Affairs (479/89) [1991] ZASCA 108; 1991 (4) SA 718 (AD); [1991] 2 All SA 508 (A) (19 September 1991)
Court
Supreme Court of Appeal
Case number
479/89
Judges
Eksteen, Botha, Vivier, Milne, Kriegler
The court held that a prospecting lease under the Precious Stones Act is consensual and must include statutory terms; the appeal was dismissed, with leave to amend pleadings.
Monastery Diamond Mining Corporation (Pty) Ltd. v Schimper and Others (144/85) [1986] ZASCA 93 (17 September 1986)
Court
Supreme Court of Appeal
Case number
144/85
Judges
Rabie, Jansen, Joubert, Boshoff, Nestadt
The Supreme Court of Appeal held that the apportionment of costs by the court a quo was justified and should not be disturbed. The court found that the furrow issue was of minor importance and that the majority of the proceedings related to the interdicts sought by the Schimpers. The issues raised by the parties were interrelated, and a composite order for costs was appropriate. The Schimpers were substantially successful, having obtained a permanent interdict restraining the company from mining outside the designated areas and the striking out of the company's attorney's affidavit. The compa…
The Appellate Division dismissed an appeal against a conviction for unlawfully buying uncut diamonds, rejecting the claim that the accused was only trying to trap the sellers.