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South Africa Case Law

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Criminal Law [2011] ZAGPJHC 42

S v Ndebele and Another (SS16/10)

S v Ndebele and Another (SS16/10) [2011] ZAGPJHC 42 (14 March 2011)

The court sentenced two accused for large-scale theft of electricity and related offences, imposing lengthy imprisonment and treating the counts as a globular sentence.

  • Theft Of Electricity
  • Organised Crime
  • White Collar Crime
  • Sentencing Principles
  • Sentencing
  • Electricity-theft
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Criminal Law [2011] ZAGPJHC 41

S v Ndebele and Another (SS16/2010)

S v Ndebele and Another (SS16/2010) [2011] ZAGPJHC 41; 2012 (1) SACR 245 (GSJ); 2012 (3) SA 226 (GSJ) (21 February 2011)

The court found that the accused were in possession of Eskom vending machines and equipment used to generate electricity vouchers, and that the data from the machines established unauthorized and extensive voucher creation. The accused were physically linked to the flats where the machines were found, and meter numbers on vouchers corresponded to their residences. The court held that electricity and electricity credits are capable of theft under South African law, as the appropriation of the energy characteristic constitutes a permanent deprivation. The racketeering charges were supported by…

  • Prevention Of Organised Crime Act
  • Racketeering
  • Theft Of Electricity
  • Admissibility Of Evidence
  • Contrectatio
  • Duplication Of Charges
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