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History of this document
21 January 1999 amendment not yet applied
Amended by
Prevention of Organised Crime Act, 1998
01 January 1998
Commenced
20 November 1996 this version
06 November 1996
Assented to
Cited documents 0
Documents citing this one 37
Gazette
22Judgment
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Reported
The Court rejected bias and bail‑record challenges but held the High Court wrongly quashed conspiracy counts; charges reinstated.
Constitutional law; right to a fair trial and impartial adjudication — reasonable apprehension of judicial bias; evidence — admissibility of bail‑hearing record and exclusion in interest of fairness; criminal procedure — reservation of questions of law under s 319; Adams rule and its constitutional construction; statutory conspiracy (s 18(2) Riotous Assemblies Act) and extraterritorial conduct where conspiracies planned/organised in South Africa have a real and substantial link with South Africa; military law and jurisdiction; double jeopardy (s 35(3)(m) left for trial court).
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Reported
Amended JSCA procedures may apply to pending complaints; s 24(1) permitting NPA evidence-leader is constitutional.
Judicial conduct – applicability of amended disciplinary procedures to pending complaints – presumption against retrospectivity; Judicial Service Commission – power to rehear de novo after setting aside prior proceedings; JSCA s 14(3) – affidavit requirement and substantial compliance; JSCA s 24(1) – appointment of NPA member to collect and adduce evidence – separation of powers and judicial independence; late constitutional challenge to tribunal composition inadmissible.
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Reported
Only the Minister, as part of the national executive, has the power to request extradition from the United States.
International law; extradition as an executive foreign‑relations act; Extradition Act ss 19–20 and reciprocity; Quagliani; limits of NPA prosecutorial powers under s 179; separation of powers; declaratory relief on extradition authority.
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Bobroff and Another v National Director of Public Prosecutions (194/20) [2021] ZASCA 56 (3 May 2021)
Reported
POCA permits forfeiture of foreign-held proceeds of crime; ICCM Act supports enforcement, and NDPP proved most but not all funds were tainted.
POCA – chapter 6 forfeiture – extraterritorial reach – definition of "proceeds of unlawful activities" includes property derived directly or indirectly, including appreciation and property representing proceeds – ICCM Act s19 enables international enforcement assistance – evidentiary standard: balance of probabilities – proportionality and constitutional limits on forfeiture.
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Reported
Foreign company lacked standing to bar disclosure absent proof documents were confidential and a substantial interest.
International Co-operation in Criminal Matters Act 75 of 1996 – foreign letter of request – subpoena to local company – standing of foreign litigant to prevent disclosure – requirement to prove confidentiality and substantial interest – review grounds (magistrate’s appointment, statutory basis, jurisdictional satisfaction, procedural fairness, overbreadth).
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Reported
SAPS may investigate ICC Act crimes committed abroad; presence in South Africa is not a prerequisite to initiate investigation.
International criminal law; Implementation of Rome Statute (ICC Act) – interpretation of s 4; extraterritorial crimes against humanity (torture) – investigative competence of SAPS and NPA; universality and complementarity; presence requirement for investigation or prosecution; review of administrative decision refusing to investigate.
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Unprotected strike declared, and political party found to exceed advisory role, partially liable for costs.
Labour Law – Unprotected Strike – Role of Political Party in Labour Disputes – Representation vs. Advisory Role
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Authenticated foreign originals or certified translations satisfy s9(3); interpreter competence properly established; appeal dismissed.
Extradition — admissibility and authentication of foreign documents under s9(3) Extradition Act; interpretation of requirement for sworn translations; interplay with European Convention on Extradition; jurisdictional facts for committal under s10(1); magistrate’s duty to establish interpreter competence under s6(2) Magistrates' Courts Act and court rules.
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Reported
Risk of prosecution alone does not confer standing to challenge search warrants absent a connection to seized items or premises.
* Constitutional law – standing under section 38 – challenge to search and seizure warrants – whether mere risk of prosecution confers locus standi; * Criminal procedure – search and seizure – warrants executed at investigative stage – challengeability in interlocutory proceedings; * Precedent – interplay between Zuma (SCA) and Constitutional Court authority on standing; * Remedies – objection to admissibility of evidence and requests for particulars are appropriate at trial or by interlocutory pleadings.
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A court may admit redacted foreign affidavits and business records in a criminal trial despite loss of cross-examination if interests of justice require.
Criminal procedure – mutual legal assistance – admissibility of foreign affidavit and documentary evidence under International Co-operation in Criminal Matters Act 75 of 1996 – fair trial rights – deprivation of cross-examination – redaction of inadmissible portions – balancing interests of justice and accused's rights – business records – authenticity and chain of custody.
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Act
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Peace and Security
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Human Rights
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International Law
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Peace and Security
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Peace and Security
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Journal
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Labour Law — Journals
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