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South Africa Case Law

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Criminal Law [2024] ZAFSHC 54

National Director of Public Prosecutions v Ketso and Another (237/2023)

National Director of Public Prosecutions v Ketso and Another (237/2023) [2024] ZAFSHC 54 (22 February 2024)

The court found, on a balance of probabilities, that the funds transferred from Maru-A-Pula Mining in Lesotho to Maru-A-Pula Group in South Africa were the proceeds of unlawful activities, specifically fraud, corruption, and bribery in the award and payment of government tenders. The evidence showed irregular procurement, payments made as bribes to government officials, and the transfer of funds to South Africa to avoid prosecution and diminish the property acquired through unlawful conduct. The respondents failed to provide credible explanations or rebut the applicant's evidence. The absence…

  • Prevention Of Organised Crime Act
  • Forfeiture Of Property
  • Money Laundering
  • Unlawful Procurement
  • Corruption
  • Bribery
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Administrative Law [2016] ZAGPJHC 397

Fidelity Services (Pty) Ltd v Mogale City Local Municipality and Others (32719/15)

Fidelity Services (Pty) Ltd v Mogale City Local Municipality and Others (32719/15) [2016] ZAGPJHC 397 (27 May 2016)

The court found that Mogale City Local Municipality unlawfully entered into a direct contract with Sidas Security Guards (Pty) Ltd, a private entity, under the guise of regulation 32 of the Municipal Supply Chain Management Regulations. Regulation 32 only permits procurement from another organ of state, not a private party. The contract was not the result of a competitive bidding process, and the requirements of the Constitution, the Municipal Finance Management Act, and the municipal supply chain management policy were not met. The municipality failed to demonstrate any discounts or benefits…

  • Municipal Supply Chain Management
  • Review Of Administrative Action
  • Unlawful Procurement
  • Competitive Bidding
  • Remedy Substitution
  • Costs Orders
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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.