Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)

Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)

The applicants failed to comply with the jurisdictional requirements of sections 26 and 44 of POCA for the release of restrained assets for legal and living expenses. They did not make full and honest disclosure of all assets, including significant property and income in Namibia, and failed to submit sworn and comprehensive statements of assets and liabilities as required by the court orders. The applicants also lacked standing to seek expenses for corporate entities under curatorship. The court found that the applicants did not demonstrate inability to meet expenses from unrestrained property, and their assertions were insufficient and unsupported by evidence. The application was...

Citation
[2025] ZAMPMBHC 52
Parties
Applicant: Jacobus Hosea Jordaan; Applicant: Elza Jordaan; Respondent: National Director of Public Prosecutions; Respondent: Johan Francois Engelbrecht N.O; Respondent: GNJ Mining (Pty) Ltd; Respondent: Joza Logistics (Pty) Ltd
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
11 June 2025
Case Number
5833/2023; 5325/2023
Procedural Posture
Urgent Application / Application for Variation of Provisional Preservation and Restraint Orders for Release of Legal and Living Expenses
Outcome
Application dismissed with costs awarded against the applicants.
Judges
Moleleki
Legal Topics
Prevention of Organised Crime Act, Asset Forfeiture, Full Disclosure, Curatorship, Living Expenses, Legal Expenses
Criminal Law Civil Procedure Prevention of Organised Crime Act Asset Forfeiture Full Disclosure Curatorship Living Expenses Legal Expenses

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Parties

Jacobus Hosea Jordaan

Applicant

Elza Jordaan

Applicant

National Director of Public Prosecutions

Respondent

Johan Francois Engelbrecht N.O

Respondent

GNJ Mining (Pty) Ltd

Respondent

Joza Logistics (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Variation of Provisional Preservation and Restraint Orders for Release of Legal and Living Expenses

Legal Issues

  1. 1 Whether the applicants have complied with the jurisdictional requirements under sections 26 and 44 of POCA for the release of restrained assets for legal and living expenses.
  2. 2 Whether the applicants made full and honest disclosure of all assets as required by the provisional restraint and preservation orders.
  3. 3 Whether the applicants have standing to seek expenses for corporate entities under curatorship.

Ratio Decidendi

The applicants failed to comply with the jurisdictional requirements of sections 26 and 44 of POCA for the release of restrained assets for legal and living expenses. They did not make full and honest disclosure of all assets, including significant property and income in Namibia, and failed to submit sworn and comprehensive statements of assets and liabilities as required by the court orders. The applicants also lacked standing to seek expenses for corporate entities under curatorship. The court found that the applicants did not demonstrate inability to meet expenses from unrestrained property, and their assertions were insufficient and unsupported by evidence. The application was...

Court Disposition

Application dismissed with costs awarded against the applicants.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application.