South Africa Case Law

National Director of Public Prosecutions v Dynlog Rental (Pty) Ltd t/a Dynamic Truck Rental and Others (A63/2023)

National Director of Public Prosecutions v Dynlog Rental (Pty) Ltd t/a Dynamic Truck Rental and Others (A63/2023) [2024] ZAFSHC 177 (6 June 2024)

Court

Free State High Court, Bloemfontein

Case number

A63/2023

Judges

CJ Musi, Reinders, Molitsoane

Appeal over a POCA restraint order in a tax-evasion prosecution partly succeeded; the order was confirmed only against the company, not its directors.

• Prevention Of Organised Crime Act
• Restraint Order
• Tax Evasion
• Asset Forfeiture
• Statutory Offences
• Separate Legal Personality

Liang v S (A344/2015)

Liang v S (A344/2015) [2016] ZAWCHC 64; [2016] 3 All SA 571 (WCC) (1 June 2016)

Court

Western Cape High Court, Cape Town

Case number

A344/2015

Judges

Samela, Cloete

The court found that the conviction on counts 1 and 2 constituted an improper duplication of charges and set aside the conviction on count 2. The evidence established beyond reasonable doubt that the appellant acquired and possessed the ivory and abalone, and the trial court was correct in excluding the bail proceedings due to lack of proper warning. The fine of R5 million imposed by the trial court exceeded its monetary jurisdiction and was substituted with the maximum permissible fine of R300,000. The sentence of seven years direct imprisonment for the ivory count and two years for the abal…

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• Unlawful Possession Of Ivory
• Unlawful Possession Of Abalone
• Statutory Offences
• Duplication Of Charges
• Sentencing Jurisdiction

Director of Public Prosecutions, Western Cape v Parker (103/2014)

Director of Public Prosecutions, Western Cape v Parker (103/2014) [2014] ZASCA 223; 2015 (4) SA 28 (SCA); [2015] 1 All SA 525 (SCA); 2015 (2) SACR 109 (SCA); 77 SATC 224 (12 December 2014)

Court

Supreme Court of Appeal

Case number

103/2014

Judges

Brand, Shongwe, Leach, Pillay, Willis

The Supreme Court of Appeal held that a VAT vendor’s failure to pay over collected VAT is not theft. The VAT Act creates a debtor-creditor relationship, not a trust.

• Value Added Tax Act
• Common Law Theft
• Debtor Creditor Relationship
• Statutory Offences
• Nullum Crimen Nulla Poena
• Vat

S v Mayona and Another (181/2012, 182/2012)

S v Mayona and Another (181/2012, 182/2012) [2012] ZAFSHC 212 (15 November 2012)

Court

Free State High Court, Bloemfontein

Case number

181/2012, 182/2012

Judges

Van der Merwe, Mocumie

The court held that a Mine Health and Safety regulation remained in force, but set aside convictions under it as an impermissible duplication with trespassing.

• Duplication Of Convictions
• Trespassing Act
• Mine Health And Safety Act
• Statutory Offences
• Criminal Procedure
• Single Intent Test

Attoney-General of Natal v Ndlovu (73/86)

Attoney-General of Natal v Ndlovu (73/86) [1987] ZASCA 145 (30 November 1987)

Court

Supreme Court of Appeal

Case number

73/86

Judges

Rabie, Joubert, Hefer, Boshoff, Steyn

The Supreme Court of Appeal held that negligence (culpa) is not sufficient to constitute an offence under section 8(1)(d) of the Publications Act, No. 42 of 1974. The court reasoned that adopting negligence as the required fault would lead to unjust and unrealistic consequences, given the diverse levels of education and awareness among the South African population. The court found that the legislature could not have intended to impose criminal liability based on an objective standard of negligence for possession of prohibited publications, as this would require individuals to constantly monit…

Source excerpt

• Mens Rea
• Dolus Eventualis
• Culpa
• Statutory Offences
• Publication Control