Special Investigating Unit and Another v Ndlovu and Others (GP 19/2021) [2023] ZAST 2 (31 January 2023)

Parties

Procedural Posture

Urgent Application / Application for Execution Pending Appeal Under S18(3) of the Superior Courts Act

Legal Issues

1. 1 Whether the applicants are entitled to execute part of the 7 June 2022 order pending appeal under s18(3) of the Superior Courts Act.
2. 2 Whether the status quo prior to 7 June 2022 should be preserved.
3. 3 Whether the applicants would suffer irreparable harm if the s18(3) order is not granted.

Ratio Decidendi

The Tribunal found that the applicants were entitled to relief under section 18(3) of the Superior Courts Act. The preservation orders remained operative and were not disturbed by the application for leave to appeal. The s18(3) order sought to entrench the status quo that prevailed prior to the 7 June 2022 order, ensuring the preserved assets remained under control and preventing their dissipation. The respondents failed to comply with preservation orders and did not dispute the applicants' version that the assets were proceeds of unlawful activities. The Tribunal held that the Superior Courts Act applies to the Special Tribunal, as it is a court of status similar to the High Court, and...

Court Disposition

Application granted. The applicants are authorised to execute specified parts of the 7 June 2022 order pending appeal under s18(3) of the Superior Courts Act.

Orders

• The forms, service and ordinary time periods in the Special Tribunal Rules are dispensed with; the matter is dealt with as one of urgency.
• Applicants are authorised to take steps to obtain possession, control and access to the forfeited assets listed in paragraph 5 of the Special Tribunal's order and to preserve the assets pending finalisation of the application for leave to appeal and any further appeal.