Randell v Eybers NO and Others (154/2010) [2013] ZAECPEHC 46; [2014] 1 All SA 107 (ECP); 2014 (1) SACR 629 (ECP) (19 September 2013)

Randell v Eybers NO and Others (154/2010) [2013] ZAECPEHC 46; [2014] 1 All SA 107 (ECP); 2014 (1) SACR 629 (ECP) (19 September 2013)

The court held that it has discretion under both POCA and common law to permit intervention by victims of alleged criminal conduct in proceedings for the release of restrained property. Greenwood Primary School and Greenwood Property Trust, as direct and indirect victims, established a prima facie interest in the subject matter and were granted leave to intervene. The applicant failed to meet the jurisdictional requirements of section 26(6) of POCA, as he did not provide full disclosure of the origin and nature of his interest in the restrained property, nor did he present sufficient evidence of inability to meet legal expenses from unrestrained assets. Consequently, the application for...

Citation
[2013] ZAECPEHC 46
Parties
Applicant: Michael Wharton Randell; Respondent: Jacques Eybers N.O.; Respondent: National Director of Public Prosecutions; Respondent: Greenwood Primary School; Respondent: Gary Dean Pike N.O.; Respondent: Jennifer Haysom N.O.; Respondent: Michael Edwin Nurse N.O.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
19 September 2013
Case Number
154/2010
Procedural Posture
Urgent Application / Opposed Urgent Interlocutory Application for Release of Restrained Funds Under POCA Prior to Criminal Trial
Outcome
Application to release restrained funds dismissed. Leave to intervene granted to Greenwood Primary School and Greenwood Property Trust. Costs awarded against the applicant.
Judges
Goosen
Legal Topics
Prevention of Organised Crime Act, Restraint Order, Release of Restrained Funds, Intervention of Victims, Locus Standi, Costs Order
Criminal Law Civil Procedure Prevention of Organised Crime Act Restraint Order Release of Restrained Funds Intervention of Victims Locus Standi Costs Order

Case Brief

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Parties

Michael Wharton Randell

Applicant

Jacques Eybers N.O.

Respondent

National Director of Public Prosecutions

Respondent

Greenwood Primary School

Respondent

Gary Dean Pike N.O.

Respondent

Jennifer Haysom N.O.

Respondent

Michael Edwin Nurse N.O.

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Interlocutory Application for Release of Restrained Funds Under POCA Prior to Criminal Trial

Legal Issues

  1. 1 Whether the court has discretion to allow victims of alleged criminal conduct to intervene in proceedings for release of property subject to a restraint order under POCA.
  2. 2 Whether leave to intervene should be granted to Greenwood Primary School and Greenwood Property Trust.
  3. 3 Whether the applicant has complied with the jurisdictional requirements of section 26(6) of POCA for release of funds.

Ratio Decidendi

The court held that it has discretion under both POCA and common law to permit intervention by victims of alleged criminal conduct in proceedings for the release of restrained property. Greenwood Primary School and Greenwood Property Trust, as direct and indirect victims, established a prima facie interest in the subject matter and were granted leave to intervene. The applicant failed to meet the jurisdictional requirements of section 26(6) of POCA, as he did not provide full disclosure of the origin and nature of his interest in the restrained property, nor did he present sufficient evidence of inability to meet legal expenses from unrestrained assets. Consequently, the application for...

Court Disposition

Application to release restrained funds dismissed. Leave to intervene granted to Greenwood Primary School and Greenwood Property Trust. Costs awarded against the applicant.

Orders

  • The applicants (Greenwood Primary School and Greenwood Property Trust) are granted leave to intervene and oppose the relief sought.
  • The applicant is ordered to pay the costs of the application to intervene.