National Director of Public Prosecution v Vumiso (1242/2020) [2021] ZAECELLC 7 (23 March 2021)

National Director of Public Prosecution v Vumiso (1242/2020) [2021] ZAECELLC 7 (23 March 2021)

The court found that the applicant had established, on a preponderance of probabilities, that the funds in question were proceeds of unlawful activity and that the property sought to be preserved was an instrumentality of an offence under POCA. The respondent's challenge to the authority of the applicant's deponent was rejected, as written authorisation and confirmatory affidavits were provided, and the procedural requirements were satisfied. The argument of res judicata was dismissed because the previous application was withdrawn before any adjudication, and thus no decision on the merits was made. The respondent failed to show cause why the provisional preservation order should not be...

Citation
[2021] ZAECELLC 7
Parties
Applicant: National Director of Public Prosecutions; Respondent: Asisihle Vumiso
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
23 March 2021
Case Number
1242/2020
Procedural Posture
Urgent Application / Confirmation of Provisional Preservation Order
Outcome
Provisional preservation order confirmed with costs.
Judges
J.E. Smith
Legal Topics
Asset Forfeiture, Money Laundering, Fraudulent Misrepresentation, Authority to Institute Proceedings, Res Judicata
Criminal Law Civil Procedure Asset Forfeiture Money Laundering Fraudulent Misrepresentation Authority to Institute Proceedings Res Judicata

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Parties

National Director of Public Prosecutions

Applicant

Asisihle Vumiso

Respondent

Procedural Posture

Urgent Application / Confirmation of Provisional Preservation Order

Legal Issues

  1. 1 Whether the provisional preservation order should be confirmed under section 38 of POCA.
  2. 2 Whether the funds in question are proceeds of unlawful activities.
  3. 3 Whether the applicant's deponent had proper authority to institute the proceedings.

Ratio Decidendi

The court found that the applicant had established, on a preponderance of probabilities, that the funds in question were proceeds of unlawful activity and that the property sought to be preserved was an instrumentality of an offence under POCA. The respondent's challenge to the authority of the applicant's deponent was rejected, as written authorisation and confirmatory affidavits were provided, and the procedural requirements were satisfied. The argument of res judicata was dismissed because the previous application was withdrawn before any adjudication, and thus no decision on the merits was made. The respondent failed to show cause why the provisional preservation order should not be...

Court Disposition

Provisional preservation order confirmed with costs.

Orders

  • The provisional preservation order made on 10 December 2020 in terms of section 38 of the Prevention of Organized Crime Act, No. 121 of 1998, is hereby confirmed, with costs, including all reserved costs.