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South Africa Case Law

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Criminal Law [2020] ZALMPPHC 34

Hlungwane v S (BA 21/2019; RC121/2014)

Hlungwane v S (BA 21/2019; RC121/2014) [2020] ZALMPPHC 34 (4 June 2020)

The High Court upheld an appeal against conviction for possession of rhino legs, finding the evidence did not prove joint possession or the required intent.

  • Joint Possession
  • Common Purpose
  • Protected Species Offences
  • Animus Possidendi
  • National Environmental Management Biodiversity Act
  • Limpopo Environmental Management Act
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Criminal Law [2014] ZAGPPHC 334

Khoza v S (A124/14)

Khoza v S (A124/14) [2014] ZAGPPHC 334 (10 June 2014)

The court found that the magistrate correctly considered all relevant evidence, including the appellant's lack of residence and family ties in South Africa, his ability to cross borders undetected, and the absence of an extradition treaty with Mozambique. The seriousness of the offences and the risk of absconding outweighed the appellant's undertakings and his brother's assurances. The respondent discharged its onus to show that release on bail was not in the interests of justice. There was no misdirection by the court a quo, and the appeal was dismissed.

  • Bail Application
  • Protected Species Offences
  • Immigration Act Offences
  • Firearms Control
  • Trespassing
  • Evading Trial
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Criminal Law [2012] ZAGPPHC 216

S v Sebone (A627/2012)

S v Sebone (A627/2012) [2012] ZAGPPHC 216 (4 September 2012)

The High Court set aside a conviction after finding the accused had been charged under the wrong section of the Limpopo Environmental Management Act.

  • Limpopo Environmental Management Act
  • Protected Species Offences
  • Incorrect Charge
  • Conviction Set Aside
  • Wrong-charge
  • Conviction-set-aside
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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.