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South Africa decisions
Decisions matching the current search
Frank v S (AR100/18) [2019] ZAKZPHC 31 (7 June 2019)
The High Court set aside a guilty plea conviction and sentence in a drug-dealing appeal, holding that section 113 of the Criminal Procedure Act had to be applied.
S v Byleveld (CC 2/2015) [2016] ZANWHC 20; 2017 (1) SACR 218 (NWM) (29 April 2016)
The court held that prosecution of an informer for conduct within an undercover operation required written DPP authorisation under section 252A(5)(b).
Moshe and Others v S (CAP 11/13) [2013] ZANWHC 90 (12 December 2013)
The court found that the convictions on counts 1, 9, and 10 were supported by direct and uncontested evidence, including positive identification of stolen cattle and branding marks, and the appellants' failure to rebut the State's case. The evidence obtained through the undercover operation was admissible under section 252A of the Criminal Procedure Act, as the agent did not go beyond providing an opportunity to commit the offences and there was no challenge to its admissibility. However, the trial court erred in imposing a blanket sentence of 15 years imprisonment on all appellants without p…
Source excerpt
Cape Town City Council v South African Municipal Workers Union (SAMWU) and Others (C367/98) [2000] ZALC 106 (22 September 2000)
Labour Court held that undercover tactics amounted to unfair entrapment and made the dismissals substantively and procedurally unfair.
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