National Director of Prosecutions v Mate (3898/2022) [2025] ZALMPPHC 123 (19 June 2025)

National Director of Prosecutions v Mate (3898/2022) [2025] ZALMPPHC 123 (19 June 2025)

The court found that the farm and movable assets were instrumentalities of an offence under POCA, specifically relating to the large-scale manufacture of methamphetamine. The respondent failed to provide credible evidence of lawful acquisition or lack of knowledge of the criminal activities. Her explanations regarding business intentions and leasing arrangements were unsubstantiated and improbable. The court applied the proportionality test and determined that forfeiture was not disproportionate, given the scale and exclusivity of the criminal use of the property. The respondent did not discharge the onus required for exclusion under section 52 of POCA. Accordingly, the application for...

Citation
[2025] ZALMPPHC 123
Parties
Applicant: National Director of Prosecutions; Respondent: Inaida Noemia de Assucao Mate
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
19 June 2025
Case Number
3898/2022
Procedural Posture
Forfeiture Application / Application for Forfeiture Order Following Preservation Order Under POCA
Outcome
Application for forfeiture granted; respondent's application for exclusion dismissed.
Judges
Diamond AJ
Legal Topics
Prevention of Organised Crime Act, Forfeiture of Property, Instrumentality of Offence, Proportionality Test, Exclusion of Interests
Criminal Law Civil Procedure Prevention of Organised Crime Act Forfeiture of Property Instrumentality of Offence Proportionality Test Exclusion of Interests

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Parties

National Director of Prosecutions

Applicant

Inaida Noemia de Assucao Mate

Respondent

Procedural Posture

Forfeiture Application / Application for Forfeiture Order Following Preservation Order Under POCA

Legal Issues

  1. 1 Whether the farm and movable assets are instrumentalities of an offence under POCA.
  2. 2 Whether forfeiture of the property is proportionate to the objectives of POCA.
  3. 3 Whether the respondent is entitled to exclusion of her interests under section 52 of POCA.

Ratio Decidendi

The court found that the farm and movable assets were instrumentalities of an offence under POCA, specifically relating to the large-scale manufacture of methamphetamine. The respondent failed to provide credible evidence of lawful acquisition or lack of knowledge of the criminal activities. Her explanations regarding business intentions and leasing arrangements were unsubstantiated and improbable. The court applied the proportionality test and determined that forfeiture was not disproportionate, given the scale and exclusivity of the criminal use of the property. The respondent did not discharge the onus required for exclusion under section 52 of POCA. Accordingly, the application for...

Court Disposition

Application for forfeiture granted; respondent's application for exclusion dismissed.

Orders

  • An order is granted in terms of section 50 of POCA declaring forfeit to the state the farm and listed movable property seized on 16 June 2020 and subject to the preservation order.
  • The property shall vest in the State upon granting of this order.