South Africa Case Law

Fanoe and Another v S (CC 40/21)

Fanoe and Another v S (CC 40/21) [2022] ZAECELLC 8; 2022 (2) SACR 166 (ECMk) (28 February 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

CC 40/21

Judge

I.T. Stretch

The court found that the applicants were charged only with offences relating to proceeds of unlawful activities and money laundering, without any allegation of common purpose or involvement in the broader fraudulent scheme attributed to other accused. The evidence against the applicants was largely circumstantial and limited to their business dealings with Victory Ticket 750 CC. The applicants admitted the factual basis of the transactions but denied knowledge of any unlawful origin of the funds. The court held that requiring the applicants to sit through a lengthy joint trial, where most evi…

Source excerpt

• Separation Of Trials
• Money Laundering
• Proceeds Of Unlawful Activities
• Common Purpose
• Prejudice In Joint Trials

Moeti v Regional Court Magistrate: Regional Court 1, Pretoria North and Another (A172/19)

Moeti v Regional Court Magistrate: Regional Court 1, Pretoria North and Another (A172/19) [2020] ZAGPPHC 176 (29 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

A172/19

Judges

BAM, MASOPA

The High Court dismissed a review of a magistrate’s refusal to separate a criminal trial, holding that co-accused admissions did not justify separation or show actual prejudice.

• Separation Of Trials
• Admissibility Of Admissions
• Prejudice In Joint Trials
• Discretion Of Presiding Officer
• Separation-of-trials
• Co-accused-admissions