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South Africa Case Law

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Labour Law [2014] ZALCD 53

Indaka Municipality v South African Local Government and Others (D889/11)

Indaka Municipality v South African Local Government and Others (D889/11) [2014] ZALCD 53 (8 October 2014)

Labour Court review of an arbitration award involving alleged insubordination, sabotage and insolence. The award was set aside and the dismissal was found fair.

  • Unfair Dismissal
  • Insubordination
  • Arbitration Review
  • Procedural Fairness
  • Sabotage
  • Municipal Employment
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Criminal Law [2009] ZAGPPHC 328

Nel v S (SH12/97, A474/2007)

Nel v S (SH12/97, A474/2007) [2009] ZAGPPHC 328 (26 August 2009)

The court found that the evidence of the main state witness, Meintjies, was credible and corroborated by objective facts and the appellant's own admissions. The appellant, a senior AWB officer, instigated the manufacture and detonation of pipe bombs, and gave instructions for their use at identified targets. The trial court properly approached Meintjies' evidence with caution and found it reliable. The appellant's version was not reasonably possibly true, and the circumstantial evidence overwhelmingly supported the state's case. The trial court did not err in its factual findings or in its as…

  • Sabotage
  • Attempted Murder
  • Accomplice Liability
  • Credibility Of Single Witness
  • Sentence Appeal
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Criminal Law [2006] ZAFSHC 136

S v Peacock and Others

S v Peacock and Others [2006] ZAFSHC 136 (19 January 2006)

The court upheld convictions for sabotage arising from a Vaaldam bombing plot, confirmed the sentences, rejected an increase in sentence, and declared the appellants unfit to possess firearms.

  • Sabotage
  • Conspiracy
  • Internal Security Act
  • Mens Rea
  • Sentencing Principles
  • Firearm Possession
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Criminal Law [2003] ZAWCHC 81

Waggie and Another v S (A363/2002)

Waggie and Another v S (A363/2002) [2003] ZAWCHC 81 (13 June 2003)

The High Court dismissed applications to add new appeal grounds and for condonation, and struck a criminal appeal from the roll after finding no merit in the new grounds.

  • Condonation Of Late Filing
  • Amendment Of Notice Of Appeal
  • Fair Trial Rights
  • Legal Representation
  • Sabotage
  • Attempted Murder
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Criminal Law [1989] ZASCA 87

S v Nel (59/88)

S v Nel (59/88) [1989] ZASCA 87; [1989] 4 All SA 900 (AD) (17 August 1989)

The court held that the statutory offence of sabotage under section 54(3)(e) of the Internal Security Act requires proof of actual intent (dolus directus or indirectus) to cripple, prejudice, or interrupt the production of commodities. The appellant's actions were motivated by personal retribution, but the evidence demonstrated that he intended to cause extensive damage to the mine's administrative offices, resulting in significant disruption to production. The charge sheet, though omitting certain statutory language, sufficiently set out the essentials of the offence and complied with sectio…

  • Sabotage
  • Internal Security Act
  • Mens Rea
  • Dolus Directus
  • Dolus Eventualis
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Criminal Law [1987] ZASCA 151

S v Radebe (207/86)

S v Radebe (207/86) [1987] ZASCA 151; [1988] 2 All SA 99 (A) (1 December 1987)

The court set aside a subversion conviction under the Internal Security Act, substituted sabotage under section 54(3)(c), and suspended the 2½-year sentence.

  • Internal Security Act
  • Statutory Interpretation
  • Sabotage
  • Subversion
  • Intent
  • Sentencing
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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.