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South Africa decisions
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National Director of Prosecutions v Mate (3898/2022) [2025] ZALMPPHC 123 (19 June 2025)
The High Court ordered forfeiture of a farm and movable assets used as a methamphetamine factory, finding the property an instrumentality of the offence.
National Director of Public Prosecutions v Booysen and Another (1060/2022) [2023] ZAECMKHC 3 (24 January 2023)
The High Court ordered forfeiture of a Volkswagen Polo GTI used to transport drugs, finding it was an instrumentality of an offence under POCA.
Land and Agricultural Bank of South Africa and Others v CPAD Farm Holdings and Others (2667/2017) [2020] ZALCPE 9 (11 February 2020)
The High Court varied a POCA forfeiture order to recognise the Land Bank’s bond rights and the Department’s grant-funded interest in forfeited property.
Land and Agriculture Bank of South Africa and Others v CPAD Farm Holdings and Others (2667/2017) [2020] ZAECPEHC 30; 2020 (2) SACR 300 (ECP) (11 February 2020)
The court held that both the Land Bank and the Department of Rural Development and Land Reform were victims of fraud relating to the acquisition of the property and had established quantifiable interests in the property. The forfeiture order granted previously failed to recognise the Land Bank's rights as mortgage holder and judgment creditor, and the Department's interest as grantor of LRAD funds. The court found that the forfeiture process under POCA is akin to execution and does not override prior judicial attachments or exclude established interests without due process. The original forfe…
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