South Africa Case Law

Gouws v S (A200/2018)

Gouws v S (A200/2018) [2019] ZAFSHC 248 (12 December 2019)

Court

Free State High Court, Bloemfontein

Case number

A200/2018

Judges

Musi, Molitsoane

The court held that the distinction between theft and fraud does not reduce the seriousness of the offence in this case, as both involve actual financial loss and dishonesty. The appellant, an attorney, misappropriated trust monies entrusted to him in good faith, aggravating the offence. The court found no merit in the argument that theft is less serious than fraud for sentencing purposes. The appellant's personal circumstances were considered, but the seriousness of the offence and the interests of the community outweighed them. The sentence imposed for fraud by the trial court was deemed ap…

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• Theft By Attorney
• Sentencing Discretion
• Concurrent Sentences
• Firearms Control Act Order

Attorneys' Fidelity Fund v Prevance Capital (Pty) Ltd (917/17)

Attorneys' Fidelity Fund v Prevance Capital (Pty) Ltd (917/17) [2018] ZASCA 135 (28 September 2018)

Court

Supreme Court of Appeal

Case number

917/17

Judges

Navsa, Mathopo, Van der Merwe, Mocumie, Molemela

The Supreme Court of Appeal held that the funds deposited by Prevance Capital (Pty) Ltd into Mr Weide's trust account were entrusted to the attorney within the meaning of s 26(a) of the Attorneys Act. The finance agreements required Mr Weide to act as agent and undertake specific professional duties for Prevance, including FICA compliance and payment of rates and taxes. The court found that the transaction was not an investment, and the statutory exclusion in s 47(1)(g) did not apply. The Board's reliance on s 47(5) was misplaced, as the facts did not fit the statutory presumptions for exclus…

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• Attorneys Fidelity Fund
• Entrustment Of Funds
• Theft By Attorney
• Statutory Exclusion Of Liability
• Bridging Finance
• Trust Account Liability

Pillay v S (AR 483/05)

Pillay v S (AR 483/05) [2012] ZAKZPHC 40 (26 June 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 483/05

Judges

Swain, Henriques

High Court appeal on sentence for theft of trust money. The court admitted fresh evidence after a seven-year delay and imposed a wholly suspended sentence.

• Theft By Attorney
• Admission Of Further Evidence On Appeal
• Delay In Criminal Appeal
• Suspended Sentence
• Rehabilitation
• Repayment Of Trust Money

Nyoka v S (CA&R 363/08)

Nyoka v S (CA&R 363/08) [2009] ZAECGHC 67 (28 October 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 363/08

Judges

E Revelas, JJ Nepgen

The High Court dismissed the State’s appeal against sentence for theft by an attorney, holding that the trial court properly exercised its discretion.

• Theft By Attorney
• Sentencing Discretion
• Correctional Supervision
• Restorative Justice
• Mitigation Of Sentence
• Restitution