Nico Viljoen v The State

The appellant, Nico Viljoen, was convicted in the Port Nolloth Regional Court on three counts of purchasing unpolished diamonds in contravention of s 20 of the Diamonds Act 56 of 1956. The convictions arose from an undercover police operation, authorised under s 252A of the Criminal Procedure Act 51 of 1977, known as Operation 2081, aimed at combating illicit diamond trading. A police inspector, Leon Ferris, acting as a trap, sold unpolished diamonds to the appellant on three occasions between July and November 2005 at a hotel owned by the appellant. The transactions were audio-visually recorded and not disputed. The appellant alleged that the trap went beyond merely providing an opportunity to commit the offence and that the evidence was therefore inadmissible. His conviction was upheld on appeal to the Northern Cape High Court, although his sentence was reduced. He then appealed to the Supreme Court of Appeal against his conviction and sentence.

The appeal against conviction and sentence was dismissed.

This case reaffirms the South African approach to the admissibility of evidence obtained through police traps and undercover operations under s 252A of the Criminal Procedure Act. It illustrates the application of the Kotzè principles and underscores that evidence will be admissible where police conduct merely creates an opportunity to commit an offence and does not induce it. The judgment provides guidance on assessing alleged entrapment in the context of serious economic crimes such as illicit diamond trading.