South Africa Case Law

Mantella Trading 522 CC t/a Designer Lighting v National Director of Public Prosecutions (CA104/2022)

Mantella Trading 522 CC t/a Designer Lighting v National Director of Public Prosecutions (CA104/2022) [2024] ZAECMKHC 104 (25 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 104/2022

Judges

F B A Dawood, A Govindjee, T Madyibi

The appeal was restricted to the proportionality findings by the order granting leave to appeal. The court found that the amount paid to Mantella Trading 522 CC was proceeds of unlawful activities, and, applying the Constitutional Court's decision in Botha, held that the proportionality test does not apply to forfeiture of proceeds of crime where the appellant has no legally recognised interest in the property. The findings of the court a quo regarding unlawfulness and the nature of the property are binding, and the appeal on proportionality must fail. Mantella's attempt to argue issues outsi…

Source excerpt

• Forfeiture Of Proceeds Of Crime
• Proportionality Test
• Prevention Of Organised Crime Act
• Appeal Restriction