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South Africa Case Law

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Criminal Law [2005] ZANWHC 44

S v Ngake and Another (70/05)

S v Ngake and Another (70/05) [2005] ZANWHC 44 (9 June 2005)

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.

  • Review Proceedings
  • Mining Rights Act
  • Precious Stones Act
  • Unlawful Possession Of Drugs
  • Quashing Of Conviction
  • Criminal-law
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Land And Property [1991] ZASCA 108

Ondombo Beleggings (Edms) Bpk. v Minister of Mineral and Energy Affairs (479/89)

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)

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.

  • Prospecting Leases
  • Exception Procedure
  • Legitimate Expectation
  • Statutory Interpretation
  • Precious Stones Act
  • Contractual Nature Of Leases
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Land And Property [1986] ZASCA 93

Monastery Diamond Mining Corporation (Pty) Ltd. v Schimper and Others (144/85)

Monastery Diamond Mining Corporation (Pty) Ltd. v Schimper and Others (144/85) [1986] ZASCA 93 (17 September 1986)

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…

  • Mineral Rights Lease
  • Interdict
  • Costs Apportionment
  • Precious Stones Act
  • Extra Statutory Permission
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Criminal Law [1985] ZASCA 33

S v Scholtz and Another (419/83)

S v Scholtz and Another (419/83) [1985] ZASCA 33 (24 May 1985)

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.

  • Precious Stones Act
  • Mens Rea
  • Entrapment
  • Illicit Diamond Dealing
  • Mens-rea
  • Precious-stones-act
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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.