Court Code

 Practice – Applications and Motions – Urgent Application – Interim relief – Procurement Act 15 of 2015.

Motion – Claim for reinstatement – Reg 11(13) of the NCIS Regulations contemplate that applicant could have legal representation at his disciplinary hearing.

Criminal Procedure – Discharge of an accused at the close of the state CASE– The test is whether a reasonable court acting carefully may convict – Duty of court to protect an accused’s right against self-incrimination – Whether prima facie case becomes proof beyond a reasonable doubt if accused elects to say nothing in his defence.

Criminal Procedure - Sentence - Theft by employee from Employer - Mitigating and aggravating circumstances discussed - Appellant a first offender who tendered a guilty plea - A sole provider for minor children - Being a sole caregiver no basis to treat appellant differently in sentencing unless it was established through evidence that such directly impacted on her capability not to appreciate the wrongfulness of he

Sentence – Prevention of Organised Crime Act – Smuggling of immigrants – Vulnerable persons exploited for money under pretext they will be relocated to other countries for better living conditions.

Criminal procedure – Appeal against conviction of stocktheft – Appellant’s explanation that he was given a sheep by a co-accused residing on another farm – Explanation supported by evidence of three state witnesses – Misdirection to reject version of appellant on insufficient grounds – Appellant convicted of competent verdict of contravening s 3 of the Stock Theft Act 12 of 1990 as amend