Minnies and Others v S (881/2011)
Minnies and Others v S (881/2011) [2012] ZASCA 102; 2012 (2) SACR 386 (SCA) (1 June 2012)
The Supreme Court of Appeal held that 'tendering' under s 34(1)(b) of the South African Reserve Bank Act requires an offer of counterfeit money as genuine legal tender. In this case, all parties involved knew the banknotes were counterfeit and there was no attempt to pass them off as genuine. Therefore, the appellants' conduct did not amount to unlawful tendering as envisaged by the statute. The court found that the lower courts erred in their interpretation and application of the law, and the precedent in S v Modisakeng was wrongly decided. The convictions and sentences were set aside.
Source excerpt
- Counterfeit Currency
- Statutory Interpretation
- Tendering Vs Uttering
- Criminal Intent