Knoop NO and Others v National Director of Public Prosecutions (657/2022 ; 694/2022)
Knoop NO and Others v National Director of Public Prosecutions (657/2022 ; 694/2022) [2023] ZASCA 141; [2024] 1 All SA 50 (SCA); 2024 (1) SACR 121 (SCA) (30 October 2023)
The Supreme Court of Appeal held that preservation of property orders granted under section 38 of POCA are not appealable. The legislative scheme of Chapter 6 of POCA is designed to insulate such orders from challenge until the forfeiture stage, where interested parties have the opportunity to oppose and defend their interests. The preservation order is interim, does not definitively determine rights, and does not dispose of substantial relief claimed in the main proceedings. The Zweni test for appealability is not satisfied. Previous decisions (Phillips and Singh) regarding restraint orders…
Source excerpt
- Preservation Of Property Order
- Business Rescue
- Asset Forfeiture
- Appealability Of Interim Orders
- Conflict Between Poca And Companies Act