South Africa Case Law

Ngonhamo and Another v S - Appeal (A309/2022)

Ngonhamo and Another v S - Appeal (A309/2022) [2023] ZAGPPHC 1870 (24 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

A309/2022

Judges

NTLAMA-MAKHANYA, LA RETIEF

The court found that the trial court misdirected itself in its application of the principles of circumstantial evidence and the doctrine of common purpose. The trial court failed to require forensic analysis of the blood found in the vehicle, relying instead on subjective impressions, which did not meet the standard of proof beyond reasonable doubt. The inference drawn from the appellants' silence was improperly treated as a self-created risk, undermining the constitutional right to remain silent. The evidence was insufficient to establish a direct link between the appellants, particularly th…

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• Circumstantial Evidence
• Doctrine Of Common Purpose
• Right To Remain Silent
• Proof Beyond Reasonable Doubt
• Misdirection
• Automatic Appeal

Talksure Trading (Pty) Ltd v Naidoo and Another (D4630/2021)

Talksure Trading (Pty) Ltd v Naidoo and Another (D4630/2021) [2023] ZAKZDHC 50 (28 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D4630/2021

Judge

Henriques

The court found that the first defendant's plea amounted to a bare denial and failed to disclose any bona fide defence to the plaintiff's claim for a liquidated amount based on a fraudulent scheme. The procedural objections raised regarding the plaintiff's affidavit were condonable and did not affect the substance of the application. The first defendant's assertion that her right to remain silent was infringed by the summary judgment proceedings was rejected, as there was no element of state compulsion and she had not sought a stay of proceedings. The authorities confirm that the right to rem…

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• Summary Judgment
• Self Incrimination
• Fraudulent Misappropriation
• Liquidated Claim
• Right To Remain Silent

VJ Logistics Services (Pty) Ltd and Others v Fuchs Lubricant South Africa (Pty) Ltd (43596/2019)

VJ Logistics Services (Pty) Ltd and Others v Fuchs Lubricant South Africa (Pty) Ltd (43596/2019) [2020] ZAGPJHC 396 (4 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

43596/2019

Judge

KJ Mogale

High Court decision refusing a stay of civil proceedings pending related fraud charges, finding no real danger of prejudice from proceeding concurrently.

• Stay Of Proceedings
• Prejudice In Criminal Trial
• Right To Remain Silent
• State Compulsion
• Fraud
• Sequestration

Coutries v Levergy Marketing Agency (Pty) Ltd and Another, In Re: Levergy Marketing Agency (Pty) Ltd v Coutries and Others (2020/5802)

Coutries v Levergy Marketing Agency (Pty) Ltd and Another, In Re: Levergy Marketing Agency (Pty) Ltd v Coutries and Others (2020/5802) [2020] ZAGPJHC 260 (19 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2020/5802

Judge

Segal

The court found that no criminal proceedings had been instituted against the applicant, and thus the basis for a stay of the civil action was absent. Even if criminal charges were pending, the applicant failed to demonstrate sufficient prejudice or the presence of state compulsion to justify a stay. The court exercised its discretion against granting a stay. Regarding the upliftment of the bar, the applicant did not set out his defence under oath, providing only a bare denial, and failed to show good cause. Consequently, the application for upliftment of the bar was dismissed. The respondent'…

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• Stay Of Proceedings
• Default Judgment
• Notice Of Bar
• Right To Remain Silent
• Fair Trial Rights

S v Lenkoe (R17/2020)

S v Lenkoe (R17/2020) [2020] ZAFSHC 21 (13 February 2020)

Court

Free State High Court, Bloemfontein

Case number

R17/2020

Judges

Naidoo, Molitsoane

High Court review of a guilty plea for speeding. The court set aside the conviction and sentence after finding defective plea proceedings and an unrelated suspended-sentence condition.

• Suspended Sentence Conditions
• Plea Procedure
• Right To Remain Silent
• Criminal-law
• Guilty-plea-procedure
• Suspended-sentence-conditions

Magajane v Chairperson, North West Gambling Board (CCT49/05)

Magajane v Chairperson, North West Gambling Board (CCT49/05) [2006] ZACC 8; 2006 (10) BCLR 1133 (CC) ; 2006 (5) SA 250 ; 2006 (2) SACR 447 (8 June 2006)

Court

Constitutional Court

Case number

CCT 49/05

Judge

Van der Westhuizen

The Constitutional Court considered whether warrantless gambling inspections violated privacy and silence rights, and whether a provincial peace-officer provision was competent.

• Right To Privacy
• Right To Remain Silent
• Search And Seizure
• Provincial Legislative Competence
• Regulation Of Gambling
• Criminal Procedure

Fourie v Amatola Water Board (P 830/00)

Fourie v Amatola Water Board (P 830/00) [2000] ZALC 133; (2001) 22 ILJ 694 (LC) (16 November 2000)

Court

Labour Court

Case number

P 830/00

Judge

Basson

The court held that the applicant is not entitled to an order postponing the disciplinary enquiry pending the outcome of criminal proceedings. The applicant's right to remain silent is not infringed by the disciplinary enquiry, as he is not compelled to give evidence and may choose to remain silent or waive that right. The prejudice faced by the applicant is not of a kind that warrants protection by the court, and the balance of convenience favours the employer's prerogative to discipline employees for serious misconduct. However, given the complexity of the matter, the seniority of the appli…

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• Disciplinary Enquiry
• Right To Remain Silent
• Legal Representation
• Fair Procedure
• Urgency
• Interdict