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South Africa Case Law

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Criminal Law [2021] ZAKZPHC 1

Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020)

Thales South Africa (Pty) Ltd v National Director of Public Prosecutions N.O and Others (3957/2020) [2021] ZAKZPHC 1; [2021] 2 All SA 274 (KZP); 2021 (2) SACR 400 (KZP) (22 January 2021)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
3957/2020
Judges
Bezuidenhout AJ, Van Zyl J, Chetty J

The court held that the NDPP authorisations to prosecute Thales South Africa for racketeering were rational and lawful, and dismissed the review with costs.

  • Racketeering Authorisation
  • Principle Of Legality
  • Money Laundering
  • Corruption
  • Rationality Review
  • Prevention Of Organised Crime Act
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Criminal Law [2017] ZAGPPHC 464

Bennets and Others v National Director of Public Prosecutions and Others (25814/15)

Bennets and Others v National Director of Public Prosecutions and Others (25814/15) [2017] ZAGPPHC 464 (6 June 2017)

Court
North Gauteng High Court, Pretoria
Case number
25814/15
Judge
Tlhapi VV

The High Court dismissed a late review of POCA prosecution authorisations, finding the withdrawal invalid, the delay unreasonable, and the attack on rationality speculative.

  • Racketeering Authorisation
  • Prevention Of Organised Crime Act
  • Review Of Prosecutorial Decision
  • Abuse Of Process
  • Unreasonable Delay
  • Criminal-procedure
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Criminal Law [2008] ZASCA 137

National Director of Public Prosecutions v Moodley and Others (263/08)

National Director of Public Prosecutions v Moodley and Others (263/08) [2008] ZASCA 137; 2009 (2) SA 588 (SCA) ; 2009 (1) SACR 461 (SCA) ; [2009] 1 All SA 561 (SCA) (26 November 2008)

Court
Supreme Court of Appeal
Case number
263/08
Judges
Scott, Maya, Combrinck, Cachalia, Mhlantla

The SCA held that racketeering prosecution under POCA was lawful once written authorisation was granted, even if earlier proceedings may have predated it.

  • Prevention Of Organised Crime Act
  • Racketeering Authorisation
  • Criminal Procedure
  • Charging Of Accused
  • Criminal-procedure
  • Racketeering
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.