South Africa Case Law

Ditlhakanyane v S (775/2023)

Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)

Court

Supreme Court of Appeal

Case number

775/2023

Judges

Mocumie, Nicholls, Baartman, Musi, Windell

The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…

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• Racketeering
• Duplication Of Convictions
• Prevention Of Organised Crime Act
• Sentencing Discretion
• Special Leave To Appeal
• Pattern Of Racketeering Activity

Sibanda and Others v S (096/2016)

Sibanda and Others v S (096/2016) [2024] ZAGPJHC 955 (23 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

096/2016

Judge

Mavundla

The High Court dismissed a bail pending appeal application by applicants convicted of racketeering, robbery and related offences, finding they had not shown the interests of justice justified release.

• Bail Pending Appeal
• Racketeering
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Sentencing Principles
• Risk Of Absconding

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023)

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023) [2024] ZAECMKHC 15 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1013/2023

Judge

Ronaasen

The court found that Intercape had established, on uncontested evidence, that it was the victim of a sustained, countrywide campaign of violence and intimidation orchestrated by the taxi industry, amounting to organised crime and racketeering. The Police, despite acknowledging the existence of this campaign, failed to investigate the incidents as organised crime and instead treated them as isolated events. The Provincial Commissioners did not report the crimes to the DPCI as required by section 16(4)(b) of the SAPS Act, and the DPCI failed to investigate them as national priority offences. Th…

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• Police Duties
• Organised Crime
• Racketeering
• Structural Relief
• Constitutional Obligations
• Failure To Investigate

Brown and Others v S - Appeal (CA 45/2020)

Brown and Others v S - Appeal (CA 45/2020) [2024] ZAECMKHC 8; 2024 (1) SACR 403 (ECMk) (23 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 45/2020

Judges

Gqamana, G Beshe, P H S Zilwa

The High Court upheld an appeal because the trial court failed to rule on admissibility under section 35(5) after invalid and warrantless searches.

• Search And Seizure
• Admissibility Of Evidence
• Racketeering
• Abalone Poaching
• Right To Fair Trial
• Exclusion Of Unconstitutionally Obtained Evidence

S v Ndou and Others (SS36/2019)

S v Ndou and Others (SS36/2019) [2022] ZAGPJHC 580 (15 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

SS36/2019

Judge

S D J Wilson

High Court criminal verdict on tower battery thefts: Ndou and Brian Muleya were convicted on selected counts, while other accused were acquitted.

• Theft
• Essential Infrastructure
• Racketeering
• Criminal Procedure Act
• Prevention Of Organised Crime Act
• Attempted Bribery

Ncitha and Others v S In re: S v Mkolo and Others (CC 40/21)

Ncitha and Others v S In re: S v Mkolo and Others (CC 40/21) [2022] ZAECBHC 12 (10 May 2022)

Court

Eastern Cape High Court, Bhisho

Case number

CC 40/21

Judge

I.T. Stretch

The court found that the applicants failed to demonstrate substantial prejudice arising from the delays, especially as many delays were self-imposed or mutually benefitted both sides. The charges involve common purpose and racketeering, making joint trial the default and in the interests of justice. Separation would result in duplication of evidence and waste of resources. The applicants' history of delays undermined their claim to prejudice. The court exercised its discretion to refuse separation, finding that the interests of justice and society outweigh the inconvenience and prejudice alle…

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• Separation Of Trials
• Common Purpose
• Racketeering
• Unreasonable Delay
• Fair Trial Rights

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020)

Raves v Director of Public Prosecutions, Western Cape and Another (A150/2020) [2021] ZAWCHC 11; 2021 (2) SACR 140 (WCC) (3 February 2021)

Court

Western Cape High Court, Cape Town

Case number

A150/2020

Judges

Goliath, Gamble, Fortuin

The court held that the indictment sufficiently disclosed offences under POCA for which the appellant could be charged and convicted. The appellant's association with the enterprise, through repeated acquisition of stolen firearms from FLASH, constituted a pattern of racketeering activity as defined in POCA, regardless of his lack of direct connection to Accused No.1. The delays in prosecution, while regrettable, did not amount to irreparable trial prejudice warranting a permanent stay, as the appellant was not uniquely prejudiced and the delays were largely attributable to circumstances beyo…

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• Racketeering
• Pattern Of Racketeering Activity
• Joinder Of Accused
• Permanent Stay Of Prosecution
• Separation Of Trials
• Prosecutorial Discretion

Tiry and Others v S (52/2018; 149/2018)

Tiry and Others v S (52/2018; 149/2018) [2020] ZASCA 137; [2021] 1 All SA 80 (SCA); 2021 (1) SACR 349 (SCA) (29 October 2020)

Court

Supreme Court of Appeal

Case number

52/2018; 149/2018

Judges

Wallis, Makgoka, Plasket

The Supreme Court of Appeal found that the convictions under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct may amount to impermissible duplication, but followed precedent allowing both charges. The satellite tracking reports were admissible as factual evidence, not hearsay, and their reliability was established through expert testimony and corroboration. The irregularity in the search and seizure warrant was technical and did not warrant exclusion of evidence, as its admission did not render the trial unfair or harm the administration of justice. The trial judge's conduct, while s…

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• Racketeering
• Prevention Of Organised Crime Act
• Theft
• Admissibility Of Evidence
• Search And Seizure
• Minimum Sentencing

Horn v S (CA&R80/2018)

Horn v S (CA&R80/2018) [2020] ZAECGHC 77; 2020 (2) SACR 280 (ECG) (14 July 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R80/2018

Judges

M.J. Lowe, B.R. Tokota

Appeal in a fraud, racketeering and theft case partly succeeded: money laundering was set aside, some fraud counts fell away, and the sentence was reduced.

• Fraud
• Racketeering
• Money Laundering
• Dolus Eventualis
• Minimum Sentences
• Attorney Misconduct

Director of Public Prosecutions, Northern Cape v Brooks and Others (505/19)

Director of Public Prosecutions, Northern Cape v Brooks and Others (505/19) [2020] ZASCA 80 (2 July 2020)

Court

Supreme Court of Appeal

Case number

505/19

Judges

Petse, Mocumie, Molemela, Ledwaba, Eksteen

The Supreme Court of Appeal found that the delays in the prosecution were predominantly attributable to interlocutory applications brought by the respondents, illness of witnesses, and systemic court factors, rather than dilatoriness or misconduct by the State. The recusal of the trial judge rendered the proceedings a nullity, but did not justify a permanent stay of prosecution, as the prosecution retained discretion to proceed de novo. The respondents failed to establish actual trial-related prejudice that would render a future trial unfair. The late disclosure of evidence and witness statem…

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• Permanent Stay Of Prosecution
• Right To Fair Trial
• Unreasonable Delay
• Racketeering
• Disclosure Of Evidence
• Recusal Of Judge