Minnies v State

The four appellants were charged with contravening s 34(1)(b) of the South African Reserve Bank Act 90 of 1989 for allegedly tendering counterfeit R100 banknotes. They approached a state witness, Laidlaw, offering to sell a large quantity of counterfeit notes at 50% of face value. Laidlaw, who knew the notes were counterfeit, alerted the police, who set a trap. At a meeting in Cape Town, the appellants showed a bag containing counterfeit notes to Laidlaw and an undercover police agent posing as a buyer. Before any exchange occurred, the appellants fled upon noticing police presence and were arrested after a chase. The counterfeit notes were never handed over or passed off as genuine.

The appeal was upheld. The convictions and sentences of all appellants were set aside.

The case clarifies the interpretation of 'tendering' in s 34(1)(b) of the South African Reserve Bank Act, confirming that criminal liability requires an attempt to pass counterfeit money off as genuine. It limits overly broad interpretations of currency offences and expressly disapproves S v Modisakeng, thereby refining South African criminal law relating to counterfeit currency.