Van Staden and Another v Knoetze N.O and Another; In Re: National Director of Public Prosecutions v Van Staden and Others (6277/2014, 20738/2008) [2014] ZAWCHC 58; 2015 (1) SACR 96 (WCC) (23 April 2014)

Van Staden and Another v Knoetze N.O and Another; In Re: National Director of Public Prosecutions v Van Staden and Others (6277/2014, 20738/2008) [2014] ZAWCHC 58; 2015 (1) SACR 96 (WCC) (23 April 2014)

The court held that the applicants, acting in their individual capacities, do not have sufficient interest in the restrained trust assets to seek payment of living expenses under POCA. The statutory scheme, as interpreted by the Constitutional Court in Naidoo v NDPP, restricts access to restrained assets for living expenses to persons against whom the restraint order is made, subject to strict conditions of full disclosure and inability to meet expenses from unrestrained property. The applicants failed to meet these conditions, as not all trustees and beneficiaries were before the court, and no full disclosure was made. Sections 26(10) and 28(2) do not provide an alternative route for the...

Citation
[2014] ZAWCHC 58
Parties
Applicant: Maria Naomi Van Staden; Applicant: Peter Gabriel Van Staden; Respondent: L Knoetze N.O.; Respondent: National Director of Public Prosecutions
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
23 April 2014
Case Number
6277/2014, 20738/2008
Procedural Posture
Urgent Application / Determination of Point of Law Raised by Respondent Prior to Merits
Outcome
Application dismissed.
Judges
N P Boqwana
Legal Topics
Prevention of Organised Crime Act, Restraint Order, Living Expenses, Curatorship, Locus Standi
Criminal Law Civil Procedure Prevention of Organised Crime Act Restraint Order Living Expenses Curatorship Locus Standi

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Parties

Maria Naomi Van Staden

Applicant

Peter Gabriel Van Staden

Applicant

L Knoetze N.O.

Respondent

National Director of Public Prosecutions

Respondent

Procedural Posture

Urgent Application / Determination of Point of Law Raised by Respondent Prior to Merits

Legal Issues

  1. 1 Whether the applicants have sufficient interest in the restrained property to seek payment of living expenses from assets subject to a restraint order under POCA.
  2. 2 Whether sections 26(6), 26(10), and 28 of POCA entitle the applicants to relief sought from trust assets.
  3. 3 Whether the conditions for release of restrained assets for living expenses have been met.

Ratio Decidendi

The court held that the applicants, acting in their individual capacities, do not have sufficient interest in the restrained trust assets to seek payment of living expenses under POCA. The statutory scheme, as interpreted by the Constitutional Court in Naidoo v NDPP, restricts access to restrained assets for living expenses to persons against whom the restraint order is made, subject to strict conditions of full disclosure and inability to meet expenses from unrestrained property. The applicants failed to meet these conditions, as not all trustees and beneficiaries were before the court, and no full disclosure was made. Sections 26(10) and 28(2) do not provide an alternative route for the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.