South Africa Case Law

S v Okah (CCT 315/16; CCT 193/17)

S v Okah (CCT 315/16; CCT 193/17) [2018] ZACC 3; 2018 (4) BCLR 456 (CC); 2018 (1) SACR 492 (CC) (23 February 2018)

Court

Constitutional Court

Case number

CCT 315/16; CCT 193/17

Judges

Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Theron J, Zondi AJ

The Constitutional Court held that section 15(1) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act confers broad extra-territorial jurisdiction on South African courts to try terrorist offences committed abroad, not limited to financing. The Supreme Court of Appeal's narrow interpretation was rejected as textually and purposively incorrect and inconsistent with South Africa's international obligations. Mr Okah's claim for exemption under section 1(4) failed because his actions, involving indiscriminate bombings targeting civilians, violated internation…

Source excerpt

• Terrorism
• Extraterritorial Jurisdiction
• International Humanitarian Law
• Special Entry Criminal Procedure
• Consular Access
• Statutory Interpretation

Okah v S and Others (19/2014)

Okah v S and Others (19/2014) [2016] ZASCA 155; [2016] 4 All SA 775 (SCA); 2017 (1) SACR 1 (SCA) (3 October 2016)

Court

Supreme Court of Appeal

Case number

19/2014

Judges

Navsa, Shongwe, Dambuza, van der Merwe, Schoeman

The SCA held that South African courts had limited extra-territorial jurisdiction under the terrorism Act, setting aside some counts and amending the sentence.

• Extra Territorial Jurisdiction
• Terrorism
• Protection Of Constitutional Democracy Act
• Financing Of Terrorist Activities
• Conspiracy
• International Instruments

Keevy v S (A66/2013)

Keevy v S (A66/2013) [2013] ZAFSHC 53 (2 April 2013)

Court

Free State High Court, Bloemfontein

Case number

A66/2013

Judge

J.P. Daffue

Appeal dismissed against refusal of bail in a case involving alleged high treason and conspiracy to commit terrorist activities. The court found no material misdirection.

• Bail Application
• Exceptional Circumstances
• High Treason
• Conspiracy To Commit Terrorism
• Onus Of Proof
• Flight Risk

S v Okah (SS94/11)

S v Okah (SS94/11) [2013] ZAGPJHC 75 (26 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

SS94/11

Judge

C J Claassen

Sentencing judgment in a terrorism prosecution: the court grouped multiple counts, found substantial and compelling circumstances, and imposed an effective 24-year term.

• Terrorism
• Extraterritorial Jurisdiction
• Sentencing Principles
• Minimum Sentences
• Mitigating Factors
• Sentencing-principles

S v Cassiem and Another (331/90)

S v Cassiem and Another (331/90) [1993] ZASCA 136 (27 September 1993)

Court

Supreme Court of Appeal

Case number

331/90

Judges

Kumleben, Goldstone, Kannemeyer

Appeal against convictions for terrorism under the Internal Security Act. Convictions were confirmed, but each appellant’s sentence was reduced to two years.

• Internal Security Act
• Conspiracy
• Terrorism
• Sentencing
• Supervening Circumstances
• Criminal-law

S v Mncube and Another (29/89)

S v Mncube and Another (29/89) [1991] ZASCA 24; 1991 (3) SA 132 (AD); (25 March 1991)

Court

Supreme Court of Appeal

Case number

29/89

Judges

J J F Hefer, Vivier, Eksteen

Appeal in a terroris​m and murder case arising from landmine attacks in the Weipe area. The court upheld most convictions, admitted a confession and adjusted some sentences.

• Murder
• Attempted Murder
• Terrorism
• Confession Evidence
• Admissibility Of Evidence
• Sentencing

S v Francis and Another (95/89)

S v Francis and Another (95/89) [1990] ZASCA 141; [1991] 2 All SA 9 (C) (26 November 1990)

Court

Supreme Court of Appeal

Case number

95/89

Judges

Smalberger, Steyn, Preiss

The court upheld the terrorism convictions of two appellants, finding accomplice evidence against one reliable and inferential possession of weapons by the other.

• Internal Security Act
• Accomplice Evidence
• Possession Of Explosives
• Terrorism
• Onus Of Proof
• Appeal On Sentence