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South Africa decisions
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National Director of Public Prosecutions v Templar Capital Ltd (62601/2021) [2024] ZAGPPHC 244 (2 February 2024)
The High Court dismissed a postponement bid by Griffin Line and granted a POCA forfeiture order over part of Templar Capital’s claims against Optimum Coal Mine.
National Director of Public Prosecutions v Knoop N.O and Others (62604/2021) [2024] ZAGPPHC 226 (1 February 2024)
The High Court granted a POCA forfeiture order over part of the Optimum Coal Mine purchase price, finding R461,721,661.90 was proceeds of unlawful activities.
National Director of Public Prosecutions v De Agrela (82916/2018) [2023] ZAGPPHC 609 (27 July 2023)
The High Court ordered forfeiture of R971,756 in the respondent’s bank account under POCA, but ordered R648,730 seized from Nielsen returned to the respondent.
National Director of Public Prosecutions v Phansi (81710/2019) [2022] ZAGPPHC 174 (10 March 2022)
The High Court ordered forfeiture under POCA after finding the respondent operated a Ponzi scheme and that the funds were proceeds of unlawful activity.
National Director of Public Prosecutions v Matika (1678/2019) [2020] ZAECGHC 99 (1 September 2020)
The High Court ordered forfeiture of R114,281 cash under POCA, finding on a balance of probabilities that it was linked to drug dealing.
Botha NO and Another v National Director of Public Prosecutions (920/2017) [2018] ZASCA 146 (11 October 2018)
The Supreme Court of Appeal found that the deceased, in her capacity as Head of Department, deliberately breached procurement regulations to favour Trifecta, resulting in the award of lucrative leases. In exchange, Trifecta paid for extensive renovations to her property and transferred shares to a trust benefiting her family. The evidence demonstrated that the purported loan agreement was fabricated after the fact to conceal the true nature of the renovations as gratification for corrupt activities. Both the renovations and the shares constituted proceeds of unlawful activities, namely corrup…
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National Director of Public Prosecutions v Adan and Another (1759/2013) [2014] ZAECPEHC 92 (13 January 2014)
The High Court granted forfeiture of R323,545 seized from Arladi Wholesalers, finding the cash was proceeds of unlawful cigarette trading and tax evasion.
National Director of Public Prosecution v Jansen and Another (2710/2004) [2005] ZAFSHC 78 (17 March 2005)
High Court forfeiture case under POCA: the court held that cash, vehicles and other property were proceeds of an armed robbery and ordered forfeiture to the State.
S v Petkar (322/87) [1988] ZASCA 74; [1988] 2 All SA 550 (A) (1 June 1988)
The appellate court found that the sentence of four years imprisonment was excessive given the circumstances of the case. The appellant was not a first offender, but his involvement in the offence was precipitated by persistent persuasion and exploitation of trust by the trap, which reduced his moral culpability. The forfeiture of R13,000 was a significant consequence that should have been considered in mitigation. The progression from the previous sentence to the current one was unjustified, and the difference between the imposed sentence and what the court considered appropriate was strikin…
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