Ngcobo v National Director of Public Prosecutions (D8053/2019) [2021] ZAKZDHC 42 (13 December 2021)
The applicant failed to comply with the requirements of section 26(6) and (10) of POCA. He did not make full and frank disclosure under oath of all interests in the restrained property to the curator bonis or the court. The founding affidavit was insufficient, consisting mainly of legal argument rather than factual disclosure. The applicant admitted to opening a new bank account in contravention of the restraint order and did not provide the necessary schedule of income and expenses. Without full disclosure, the court could not exercise its discretion to release funds for reasonable living and legal expenses. The application was therefore dismissed with costs, including the costs of two...
- Citation
- [2021] ZAKZDHC 42
- Parties
- Applicant: Sandile Ngcobo; Respondent: National Director of Public Prosecutions; Respondent: Robert Abbu; Respondent: Ilanga Lamahlase Projects (Pty) Ltd; Respondent: Mzwandile F Dludla; Respondent: Hlenga Sibisi; Respondent: Uzuzinekela Trading 31 CC; Respondent: Zithulele A Mkhize; Respondent: Omphilethabang CC; Respondent: Bongani P Dlomo; Respondent: Khoboso J Dlomo; Respondent: Elshaddai Holding Group CC; Respondent: Prabagaran Pariah; Respondent: Sinthamone Ponnan; Respondent: Craig Ponnan; Respondent: Mondli Michael Mthembu; Respondent: Zandile Ruth Thelma Gumede; Respondent: Nancy Sandra Abbu; Respondent: Vuyiswa Venery Ngcobo; Respondent: Logambal Pariah; Respondent: Cynthia Mthembu; Respondent: Jabez Media and Business Solutions CC; Respondent: African Compass Trading 588 CC; Respondent: Akhona Amahle Contracting Projects CC; Respondent: Ntombizethu Trading Enterprise CC; Respondent: Uhlanga Events Management CC; Respondent: Uhlanga Trading Enterprise CC; Respondent: Sekhoba Trading 21 CC; Respondent: Pinetours Services and Trading CC; Respondent: Mathula Landscaping and Civil Contruction CC; Respondent: Fantique Trade 188 CC; Respondent: Msunduzi Civil (Pty) Ltd; Respondent: Sasonako Projects CC; Respondent: Umvuyo Holdings CC; Respondent: Interllectual Services and Investors CC; Respondent: Cyrus Industries CC; Respondent: Crown Energy and Recyclying Group CC; Respondent: MMZ Media Distributions and Supplies CC; Respondent: Malagazi Trading CC; Respondent: Inanda Development Services CC; Respondent: Sizisa Ukhanyo Trading 382 CC; Respondent: Dlomo Brothers CC; Respondent: Babusi Trading CC; Respondent: Bhekiziziwe Elkana Sibisi N.O.; Respondent: Thoko Thembile Nonsizi Zondi N.O.
- Court
- Kwazulu-Natal High Court, Durban
- Jurisdiction
- South Africa
- Judgment Date
- 13 December 2021
- Case Number
- D8053/2019
- Procedural Posture
- Urgent Application / Interlocutory Application for Release of Restrained Assets and Legal Expenses Under POCA
- Outcome
- Application dismissed with costs, including costs of two counsel where so employed.
- Judges
- Marks
- Legal Topics
- Prevention of Organised Crime Act, Restraint Order, Release of Restrained Assets, Legal Expenses, Full Disclosure Requirement
Case Brief
Summary, issues, holding and outcome
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Parties
Sandile Ngcobo
Applicant
National Director of Public Prosecutions
Respondent
Robert Abbu
Respondent
Ilanga Lamahlase Projects (Pty) Ltd
Respondent
Mzwandile F Dludla
Respondent
Hlenga Sibisi
Respondent
Uzuzinekela Trading 31 CC
Respondent
Zithulele A Mkhize
Respondent
Omphilethabang CC
Respondent
Bongani P Dlomo
Respondent
Khoboso J Dlomo
Respondent
Elshaddai Holding Group CC
Respondent
Prabagaran Pariah
Respondent
Sinthamone Ponnan
Respondent
Craig Ponnan
Respondent
Mondli Michael Mthembu
Respondent
Zandile Ruth Thelma Gumede
Respondent
Nancy Sandra Abbu
Respondent
Vuyiswa Venery Ngcobo
Respondent
Logambal Pariah
Respondent
Cynthia Mthembu
Respondent
Jabez Media and Business Solutions CC
Respondent
African Compass Trading 588 CC
Respondent
Akhona Amahle Contracting Projects CC
Respondent
Ntombizethu Trading Enterprise CC
Respondent
Uhlanga Events Management CC
Respondent
Uhlanga Trading Enterprise CC
Respondent
Sekhoba Trading 21 CC
Respondent
Pinetours Services and Trading CC
Respondent
Mathula Landscaping and Civil Contruction CC
Respondent
Fantique Trade 188 CC
Respondent
Msunduzi Civil (Pty) Ltd
Respondent
Sasonako Projects CC
Respondent
Umvuyo Holdings CC
Respondent
Interllectual Services and Investors CC
Respondent
Cyrus Industries CC
Respondent
Crown Energy and Recyclying Group CC
Respondent
MMZ Media Distributions and Supplies CC
Respondent
Malagazi Trading CC
Respondent
Inanda Development Services CC
Respondent
Sizisa Ukhanyo Trading 382 CC
Respondent
Dlomo Brothers CC
Respondent
Babusi Trading CC
Respondent
Bhekiziziwe Elkana Sibisi N.O.
Respondent
Thoko Thembile Nonsizi Zondi N.O.
Respondent
Procedural Posture
Urgent Application / Interlocutory Application for Release of Restrained Assets and Legal Expenses Under POCA
Legal Issues
- 1 Whether the applicant has complied with section 26(6) and (10) of POCA for the release of restrained assets and funds for reasonable living and legal expenses.
- 2 Whether the court should exercise its discretion to release funds for reasonable expenses given the applicant's compliance or non-compliance with POCA requirements.
Ratio Decidendi
The applicant failed to comply with the requirements of section 26(6) and (10) of POCA. He did not make full and frank disclosure under oath of all interests in the restrained property to the curator bonis or the court. The founding affidavit was insufficient, consisting mainly of legal argument rather than factual disclosure. The applicant admitted to opening a new bank account in contravention of the restraint order and did not provide the necessary schedule of income and expenses. Without full disclosure, the court could not exercise its discretion to release funds for reasonable living and legal expenses. The application was therefore dismissed with costs, including the costs of two...
Court Disposition
Application dismissed with costs, including costs of two counsel where so employed.
Orders
- The application is dismissed with costs; such costs are to include the costs of two counsel where so employed.
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