Eastern Cape Transport Tertiary Co-Operative and Others v The National Director of Public Prosecutions and Others (2284/2021) [2022] ZAECMKHC 25 (31 May 2022)
The court found that the applicants failed to demonstrate any basis for interfering with the preservation orders. The incorrect facts placed before the court were not intentional and were explained by the NDPP, negating any allegation of bad faith. The audit report relied upon by the applicants was inadmissible as its authors did not confirm its contents by affidavit. The directive and MOA did not expressly prohibit payment of benefits to government employees, but the purpose of the scheme was to assist those who lost income, not those who continued to receive full salaries. The respondents complied with the procedural requirements to institute proceedings within the time ordered by the...
- Citation
- [2022] ZAECMKHC 25
- Parties
- Applicant: Eastern Cape Transport Tertiary Co-Operative; Applicant: Qusta Secondary Co-Operative Limited; Applicant: Uncedo Service Taxi Association Mthatha Primary Taxi Co-Operative Limited; Applicant: Melta Transport Primary Co-Operative Limited; Applicant: Idutywa Multi-Purpose Primary Co-Operative Ltd; Applicant: Dutywa Transport Services Co-Operative Ltd; Applicant: Dutywa Development Limited; Applicant: Bhisho King Taxi Association Primary Co-Operative Ltd; Applicant: Ntlanza Transport Services and Multi-Purpose Co-Operative Limited; Applicant: Fabbs Transport Primary Co-Operative; Applicant: Huta Transport Services; Applicant: Port Elizabeth and District Taxi Association; Applicant: Tsomo Taxi Association Primary Co-Operative; Applicant: Ingqiqo Yethu Transport Primary Co-Operative; Applicant: Ubunye Ngandandla Transport Services; Applicant: ECTTC Co-Op Financial Services (Pty) Ltd; Applicant: Somila Consulting Agency (Pty) Ltd; Applicant: BCM FET College (Pty) Ltd; Applicant: Blue Group Services (Pty) Ltd; Applicant: Kougakamma Co-Operative Limited; Applicant: Matatlele Maluti Bus Primary Co-Operative Limited; Applicant: Butterworth Multi-Purpose Co-Operative; Applicant: Mqanduli Transport Services and Multi-Purpose Primary Co-Operative; Applicant: Mqanduli Transport Secondary Co-Operative; Applicant: Lelillitha Transport Primary Co-Operative Ltd; Applicant: Uncedo Transport and Business Primary Co-Operative; Applicant: Mount Flethcer – Maclear Bus and Taxi Co-Operative Limited; Applicant: Willowvale Transport and Multi-Purpose Primary Co-Operative Limited; Applicant: Meta Yelanga Transport Services; Applicant: Minilux Transport Service and Multi-Purpose Primary Co-Operative; Applicant: Port St. Johns Taxi Owners Association Primary Co-Operative Limited; Applicant: Kuyasa Progressive Primary Co-Operative Limited; Applicant: Xesi Debe Transport Services Primary Co-Operative; Applicant: Kulasande Edimbaza Logistic Co-Operative; Applicant: Maclear Taxi Association Primary Co-Operative; Respondent: The National Director of Public Prosecutions; Respondent: Acting Commissioner: Unemployment Insurance Fund; Respondent: Director-General Employment and Labour; Respondent: Minister of Employment and Labour; Respondent: First National Bank; Respondent: Nedbank Limited; Respondent: ABSA Bank Limited; Respondent: Standard Bank Limited; Respondent: Financial Intelligence Centre
- Court
- Eastern Cape High Court, Makhanda
- Jurisdiction
- South Africa
- Judgment Date
- 31 May 2022
- Case Number
- 2284/2021
- Procedural Posture
- Review Application / Application for Reconsideration of Preservation Orders
- Outcome
- Application for reconsideration of preservation orders dismissed with costs.
- Judges
- G.H. Bloem
- Legal Topics
- Preservation Order, Unemployment Insurance Fund, Covid19 Relief Scheme, Asset Forfeiture, Good Faith, Admissibility of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Eastern Cape Transport Tertiary Co-Operative
Applicant
Qusta Secondary Co-Operative Limited
Applicant
Uncedo Service Taxi Association Mthatha Primary Taxi Co-Operative Limited
Applicant
Melta Transport Primary Co-Operative Limited
Applicant
Idutywa Multi-Purpose Primary Co-Operative Ltd
Applicant
Dutywa Transport Services Co-Operative Ltd
Applicant
Dutywa Development Limited
Applicant
Bhisho King Taxi Association Primary Co-Operative Ltd
Applicant
Ntlanza Transport Services and Multi-Purpose Co-Operative Limited
Applicant
Fabbs Transport Primary Co-Operative
Applicant
Huta Transport Services
Applicant
Port Elizabeth and District Taxi Association
Applicant
Tsomo Taxi Association Primary Co-Operative
Applicant
Ingqiqo Yethu Transport Primary Co-Operative
Applicant
Ubunye Ngandandla Transport Services
Applicant
ECTTC Co-Op Financial Services (Pty) Ltd
Applicant
Somila Consulting Agency (Pty) Ltd
Applicant
BCM FET College (Pty) Ltd
Applicant
Blue Group Services (Pty) Ltd
Applicant
Kougakamma Co-Operative Limited
Applicant
Matatlele Maluti Bus Primary Co-Operative Limited
Applicant
Butterworth Multi-Purpose Co-Operative
Applicant
Mqanduli Transport Services and Multi-Purpose Primary Co-Operative
Applicant
Mqanduli Transport Secondary Co-Operative
Applicant
Lelillitha Transport Primary Co-Operative Ltd
Applicant
Uncedo Transport and Business Primary Co-Operative
Applicant
Mount Flethcer – Maclear Bus and Taxi Co-Operative Limited
Applicant
Willowvale Transport and Multi-Purpose Primary Co-Operative Limited
Applicant
Meta Yelanga Transport Services
Applicant
Minilux Transport Service and Multi-Purpose Primary Co-Operative
Applicant
Port St. Johns Taxi Owners Association Primary Co-Operative Limited
Applicant
Kuyasa Progressive Primary Co-Operative Limited
Applicant
Xesi Debe Transport Services Primary Co-Operative
Applicant
Kulasande Edimbaza Logistic Co-Operative
Applicant
Maclear Taxi Association Primary Co-Operative
Applicant
The National Director of Public Prosecutions
Respondent
Acting Commissioner: Unemployment Insurance Fund
Respondent
Director-General Employment and Labour
Respondent
Minister of Employment and Labour
Respondent
First National Bank
Respondent
Nedbank Limited
Respondent
ABSA Bank Limited
Respondent
Standard Bank Limited
Respondent
Financial Intelligence Centre
Respondent
Procedural Posture
Review Application / Application for Reconsideration of Preservation Orders
Legal Issues
- 1 Whether the preservation orders granted ex parte should be reconsidered and set aside.
- 2 Whether incorrect facts placed before the court by the NDPP warrant setting aside the preservation orders.
- 3 Whether the audit report submitted by the applicants is admissible as evidence.
Ratio Decidendi
The court found that the applicants failed to demonstrate any basis for interfering with the preservation orders. The incorrect facts placed before the court were not intentional and were explained by the NDPP, negating any allegation of bad faith. The audit report relied upon by the applicants was inadmissible as its authors did not confirm its contents by affidavit. The directive and MOA did not expressly prohibit payment of benefits to government employees, but the purpose of the scheme was to assist those who lost income, not those who continued to receive full salaries. The respondents complied with the procedural requirements to institute proceedings within the time ordered by the...
Court Disposition
Application for reconsideration of preservation orders dismissed with costs.
Orders
- The application for the reconsideration of the preservation orders is dismissed.
- The applicants shall pay, jointly and severally, the one paying the other to be absolved, the first respondent’s costs of the application.
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