The appellant was found guilty in the Upington Magistrate’s Court, and appealed his conviction and sentence to the Northern Cape High Court where the conviction and sentence on the first count was set aside, and the conviction on the second count confirmed but the sentence was amended. In appealing the decision of the High Court, the appellant argued that the evidence obtained against him was inadmissible as it was obtained in an improper manner because the magistrate and prosecutor concerned were misled and the judicial process was abused by the police officers in co-operation with the Prosecuting Authority, to create an opportunity for Oberholzer to make contact with the appellant in order to uncover the commission of an offence. The respondent conceded that the methods used in the investigation were unacceptable and a Court could disallow the use of this evidence; however, the facts relied upon by the appellant did not justify the Court doing so. The court was therefore concerned with whether the police or prosectuing authorities performed an unlawful act against the appellant so as to render the evidence relied upon for the conviction inadmissible. It was held that the evidence obtained against the appellant was admissible and the appeal was dismissed.