De Vries v The State

British American Tobacco South Africa (BATSA) was the victim of a series of armed truck hijackings in 2003, during which large consignments of cigarettes were stolen. The robberies were orchestrated by a gang led by Selwyn de Vries. The fifth appellant (referred to as the appellant in the SCA) did not participate in the hijackings themselves but was alleged to have knowingly purchased the stolen cigarettes for resale. Evidence, primarily from accomplice witness Vernon Aspeling, showed that after two robberies in the Western Cape, the stolen cigarettes were transported to Gauteng and offloaded at the appellant’s nursery in Lenasia, where the appellant paid money and gave instructions to workers. The appellant denied any involvement and disputed having received the cigarettes. He was nevertheless convicted in the Western Cape High Court of theft, money laundering under s 4 of the Prevention of Organised Crime Act 121 of 1998 (POCA), and racketeering under s 2(1)(e) of POCA. He appealed to the Supreme Court of Appeal.

The appeal was dismissed and the convictions and sentences imposed by the Western Cape High Court were confirmed.

The case is significant for its interpretation and application of POCA, particularly the relationship between predicate offences, money laundering, and racketeering. It confirms that theft and money laundering can themselves constitute predicate offences for racketeering, and that the State may prosecute all such offences in a single prosecution without offending principles against duplication of convictions. It also provides guidance on the evaluation of accomplice evidence and the use of an accused’s mendacity as a safeguard.