South Africa Case Law

Theron v Minister of Police (A3042/17)

Theron v Minister of Police (A3042/17) [2020] ZAGPJHC 309 (1 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

A3042/17

Judges

Noko, Windell

The court found that the arresting officer had reasonable grounds to suspect that the appellant was in possession of stolen property, based on objective facts: the information received about the stolen vehicle, the mismatch of chassis and registration numbers, and the SAPS computer system confirming the vehicle was reported stolen. The appellant's explanation regarding Bongani was improbable and unsupported by evidence, as neither Bongani nor any credible account of his whereabouts was provided. The court held that the jurisdictional requirements for a lawful arrest under section 40(1)(e) of…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Section 40 Criminal Procedure Act
• Section 36 General Law Amendment Act

Musini v S (A388/2014)

Musini v S (A388/2014) [2015] ZAGPPHC 15 (28 January 2015)

Court

North Gauteng High Court, Pretoria

Case number

A388/2014

Judges

Prinsloo, Hughes

The court found that the state failed to prove the element of possession required under section 36 of the General Law Amendment Act. The evidence showed that the appellant was not in physical possession of the cellphone at the time it was found, nor when he was asked to provide an explanation. The cellphone had been given to Ms Lekalakala, who used it independently and was apprehended with it. The magistrate's reliance on mental possession was misplaced, as animus alone does not satisfy the statutory requirement for actual possession at the relevant time. Consequently, the conviction was a mi…

Source excerpt

• Possession Of Stolen Property
• Competent Verdict
• Elements Of Possession
• Section 36 General Law Amendment Act

Mothwa v S (CA19/2014)

Mothwa v S (CA19/2014) [2014] ZANWHC 32 (6 November 2014)

Court

North West High Court, Mafikeng

Case number

CA19/2014

Judges

T J Djaje, D I Matlapeng, N Gutta

Appeal against a robbery-with-aggravating-circumstances conviction dismissed after the court found recent possession, false explanations, and circumstantial evidence pointed to guilt.

• Doctrine Of Recent Possession
• Robbery With Aggravating Circumstances
• Circumstantial Evidence
• False Explanation
• Competent Verdict
• Section 36 General Law Amendment Act

S v Tshabalala (278/2011)

S v Tshabalala (278/2011) [2011] ZAFSHC 150 (1 September 2011)

Court

Free State High Court, Bloemfontein

Case number

278/2011

Judges

E.M. Kubushi, M.B. Molemela

A special review set aside a conviction under section 36 because the accused’s guilty plea did not cover all offence elements and the State proved none missing.

• Possession Of Stolen Property
• Elements Of Offence
• Reasonable Suspicion
• Satisfactory Account
• Section 36 General Law Amendment Act
• Criminal-law