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South Africa Case Law

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Criminal Law [2016] ZANWHC 20

S v Byleveld (CC 2/2015)

S v Byleveld (CC 2/2015) [2016] ZANWHC 20; 2017 (1) SACR 218 (NWM) (29 April 2016)

The court held that prosecution of an informer for conduct within an undercover operation required written DPP authorisation under section 252A(5)(b).

  • Undercover Operations
  • Prosecution Authorisation
  • Section 252a Criminal Procedure Act
  • Informers Immunity
  • Undercover-operations
  • Prosecution-authorisation
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Criminal Law [2016] ZASCA 37

Singh and Others v S (862/2015)

Singh and Others v S (862/2015) [2016] ZASCA 37; 2016 (2) SACR 443 (SCA) (24 March 2016)

The Supreme Court of Appeal upheld convictions arising from an undercover truck-hijacking operation, but reduced cumulative sentences as disproportionate.

  • Undercover Operations
  • Admissibility Of Evidence
  • Constitutional Rights Violation
  • Racketeering
  • Money Laundering
  • Sentencing Principles
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Criminal Law [2013] ZANWHC 90

Moshe and Others v S (CAP 11/13)

Moshe and Others v S (CAP 11/13) [2013] ZANWHC 90 (12 December 2013)

The court found that the convictions on counts 1, 9, and 10 were supported by direct and uncontested evidence, including positive identification of stolen cattle and branding marks, and the appellants' failure to rebut the State's case. The evidence obtained through the undercover operation was admissible under section 252A of the Criminal Procedure Act, as the agent did not go beyond providing an opportunity to commit the offences and there was no challenge to its admissibility. However, the trial court erred in imposing a blanket sentence of 15 years imprisonment on all appellants without p…

  • Stock Theft
  • Admissibility Of Evidence
  • Undercover Operations
  • Sentencing Principles
  • Section 252a Criminal Procedure Act
  • Section 276b Criminal Procedure Act
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Criminal Law [2009] ZASCA 93

Kotze v S (429/08)

Kotze v S (429/08) [2009] ZASCA 93; 2010 (1) SACR 100 (SCA) ; [2010] 1 All SA 220 (SCA) (15 September 2009)

Appeal against convictions for buying unpolished diamonds was dismissed. The court upheld admission of undercover evidence under s 252A of the Criminal Procedure Act.

  • Police Trap
  • Undercover Operations
  • Admissibility Of Evidence
  • Entrapment
  • Diamonds Act
  • Criminal Procedure Act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.