Kotzè v The State

The appellant, Nicolaas Petrus Kotzè, a prominent businessman in Port Nolloth, was convicted on four counts of purchasing unpolished diamonds in contravention of s 20 of the Diamonds Act 56 of 1986. Between July 2001 and February 2002 he bought 21 unpolished diamonds for R63 000 from Frik Terblanche, who was in fact a senior police officer acting undercover in a covert operation (Project Solitaire) targeting unlawful diamond dealing. Kotzè contended that Terblanche, posing as a retired policeman in financial distress and cultivating a close personal and religious friendship, induced him to commit the offences. The evidence against Kotzè consisted primarily of Terblanche’s testimony and video recordings obtained during the undercover operation.

The appeal against conviction was dismissed.

The case is a leading authority on the interpretation and application of s 252A of the Criminal Procedure Act. It clarifies that entrapment is not a substantive defence in South African law and that the admissibility of trap evidence depends on statutory criteria focused on opportunity, fairness, and the administration of justice.