South Africa Case Law

National Director of Public Prosecutions v Victor N.O and Others (756/2023)

National Director of Public Prosecutions v Victor N.O and Others (756/2023) [2025] ZASCA 31; 2025 (1) SACR 561 (SCA) (31 March 2025)

Court

Supreme Court of Appeal

Case number

756/2023

Judges

Mbatha, Hughes, Meyer, Matojane, Koen

The Supreme Court of Appeal dismissed the NDPP’s application to reinstate a lapsed appeal about POCA-preserved funds now held in insolvency administration.

• Prevention Of Organised Crime Act
• Preservation Order
• Insolvency Proceedings
• Condonation
• Arbitrary Deprivation Of Property
• Forfeiture Application

Tamire v National Director of Public Prosecutions (663/2016)

Tamire v National Director of Public Prosecutions (663/2016) [2016] ZAECGHC 144 (6 December 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

663/2016

Judge

G H Bloem

The High Court found the NDPP delayed too long in publishing a preservation order, but the applicant failed to meet POCA rescission requirements.

• Prevention Of Organised Crime Act
• Preservation Order
• Forfeiture Application
• Rescission Of Order
• Costs Award
• Poca

National Director of Public Prosecutions v Merensky and Others (CIV F 01/10)

National Director of Public Prosecutions v Merensky and Others (CIV F 01/10) [2011] ZANWHC 13 (11 March 2011)

Court

North West High Court, Mafikeng

Case number

CIV F 01/10

Judges

R D Hendricks, Samkelo Gura, N Gutta

Full Bench appeal over discharged POCA preservation orders. The court held the discharge was appealable, condoned late filing, and set the discharge aside.

• Preservation Order
• Appealability
• Condonation
• Lis Alibi Pendens
• Proceeds Of Crime
• Forfeiture Application

National Director of Public Prosecution v Makosholo and Others (1265/2010)

National Director of Public Prosecution v Makosholo and Others (1265/2010) [2010] ZAECPEHC 65; 2011 (2) SACR 598 (ECP) (9 November 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1265/2010

Judge

E Smith

The High Court refused to consolidate POCA forfeiture and restraint applications, finding the two proceedings raised different factual and legal questions.

• Consolidation Of Actions
• Rule 11 Uniform Rules
• Forfeiture Application
• Restraint Order
• Prejudice And Convenience
• Rule-11-consolidation

National Director of Public Prosecutions v Moolla (07/23918)

National Director of Public Prosecutions v Moolla (07/23918) [2010] ZAGPJHC 56; 2010 (2) SACR 429 (GSJ) (28 July 2010)

Court

South Gauteng High Court, Johannesburg

Case number

07/23918

Judge

D S S Moshidi

The Court held that the preservation order had lapsed because the forfeiture application was not served on the respondent within the 90-day period prescribed by section 40 of POCA. The statutory requirements are peremptory and require strict compliance, particularly given the invasive nature of POCA and the constitutional protection of property rights. The applicant failed to provide any substantive explanation or application for condonation of the non-compliance, and the forfeiture application itself was materially defective. The Court found that service on the respondent's attorneys may hav…

Source excerpt

• Prevention Of Organised Crime Act
• Preservation Order Lapse
• Forfeiture Application
• Statutory Compliance
• Constitutional Property Rights