Qui v National Director of Public Prosecutions (2746/2017) [2020] ZANCHC 13 (28 February 2020)

Qui v National Director of Public Prosecutions (2746/2017) [2020] ZANCHC 13 (28 February 2020)

The court found that while the applicant's explanation for the late filing of the application for leave to appeal was inadequate, the prejudice to her if condonation were refused outweighed the deficiencies, and condonation was granted. However, the court held that the applicant failed to demonstrate reasonable prospects of success on appeal. The VW Polo was found to be an instrumentality of an offence, having been used repeatedly to transport large sums of cash for unlawful purposes. The cash amount of R2,430,000.00 was determined to be proceeds of unlawful activities, as the explanations for its origin were false and fabricated, and the relevant parties failed to account for the funds....

Citation
[2020] ZANCHC 13
Parties
Applicant: Yanfang Qui; Respondent: National Director of Public Prosecutions; Respondent: Jermaine Charles Johnson
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
28 February 2020
Case Number
2746/2017
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal Following Judgment and Order Dated 12 July 2019.
Outcome
Condonation granted; application for leave to appeal dismissed with costs.
Judges
Mamosebo
Legal Topics
Forfeiture of Property, Proceeds of Unlawful Activities, Instrumentality of Offence, Condonation, Leave to Appeal
Criminal Law Civil Procedure Forfeiture of Property Proceeds of Unlawful Activities Instrumentality of Offence Condonation Leave to Appeal

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Parties

Yanfang Qui

Applicant

National Director of Public Prosecutions

Respondent

Jermaine Charles Johnson

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal Following Judgment and Order Dated 12 July 2019.

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether leave to appeal against the judgment and order of 12 July 2019 should be granted.
  3. 3 Whether the VW Polo was an instrumentality in the commission of an offence.

Ratio Decidendi

The court found that while the applicant's explanation for the late filing of the application for leave to appeal was inadequate, the prejudice to her if condonation were refused outweighed the deficiencies, and condonation was granted. However, the court held that the applicant failed to demonstrate reasonable prospects of success on appeal. The VW Polo was found to be an instrumentality of an offence, having been used repeatedly to transport large sums of cash for unlawful purposes. The cash amount of R2,430,000.00 was determined to be proceeds of unlawful activities, as the explanations for its origin were false and fabricated, and the relevant parties failed to account for the funds....

Court Disposition

Condonation granted; application for leave to appeal dismissed with costs.

Orders

  • Condonation is granted.
  • The application for leave to appeal is dismissed with costs.