South Africa Case Law

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024)

Director of Public Prosecutions (Gauteng Division) v Thato Molefe and Another (417/2024) [2025] ZASCA 67 (26 May 2025)

Court

Supreme Court of Appeal

Case number

417/2024

Judges

Nicholls, Hughes, Keightley, Baartman, Windell

The Supreme Court of Appeal held that the defects in the search warrant—incorrect address and failure to name specific officers—were technical and not flagrant violations of constitutional rights. The police acted in good faith, sought judicial authority, and the evidence seized was real and highly probative. There was no coercion or deliberate disregard for the respondents' rights. The evidence could have been lawfully obtained under section 22 of the Criminal Procedure Act. Admission of the evidence would not render the trial unfair or bring the administration of justice into disrepute. The…

Source excerpt

• Admissibility Of Evidence
• Search And Seizure
• Section 35 5 Constitution
• Drug Trafficking
• Defective Search Warrant

Ndlovu and Others v S (541/2019)

Ndlovu and Others v S (541/2019) [2020] ZAECGHC 131; [2021] 1 All SA 538 (ECG); 2021 (1) SACR 299 (ECG) (24 November 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

541/2019

Judges

D Van Zyl, J Roberson, R E Griffiths

High Court appeal on unlawful search and sentence in rhino-poaching convictions. The court admitted real evidence found in a chalet and upheld the 25-year effective sentence.

• Admissibility Of Evidence
• Unlawful Search And Seizure
• Section 35 5 Constitution
• Sentencing Principles
• Biodiversity Act Offences
• Cumulative Sentencing