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South Africa Case Law

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Criminal Law [2024] ZAECMKHC 104

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
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Criminal Law [2023] ZAKZDHC 64

National Director of Public Prosecutions v Western Breeze Trading 434 (Pty) Ltd and Another (D10619/2021)

National Director of Public Prosecutions v Western Breeze Trading 434 (Pty) Ltd and Another (D10619/2021) [2023] ZAKZDHC 64; 2024 (1) SACR 303 (KZD) (6 September 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
D10619/2021
Judge
ME Nkosi

The court found, on a balance of probabilities, that both the Ebuhleni property and the development of the [...] M[...] Drive property were funded with proceeds of unlawful activities arising from municipal corruption, fraud, and money laundering. The respondents' explanations and supporting documents were unconvincing, and the evidence indicated that they knew or ought reasonably to have known the illicit origin of the funds. The Ebuhleni property was wholly acquired with unlawful proceeds and is to be forfeited in full to the State. For the [...] M[...] Drive property, only the value equiva…

Source excerpt

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds Of Crime
  • Municipal Corruption
  • Money Laundering
  • Balance Of Probabilities
  • Property Rights Under Constitution
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Criminal Law [2023] ZAKZDHC 38

National Director of Public Prosecutions v Samuel and Others (9863/2016)

National Director of Public Prosecutions v Samuel and Others (9863/2016) [2023] ZAKZDHC 38 (30 June 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
9863/2016
Judge
Henriques

The court found that the applicant had established on a balance of probabilities that the property listed in Annexure B, except for items 5, 6, and 12, constituted the proceeds of unlawful activities, specifically fraud perpetrated against Tiger Brands. The funds were channelled through various accounts and used to acquire assets and investments for the respondents. The respondents failed to discharge the onus to prove that their interests were acquired legally or that they were innocent owners. The court held that the forfeiture was not disproportionate given the scale of the fraud and the l…

Source excerpt

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds Of Crime
  • Innocent Owner Defence
  • Proportionality Analysis
  • Money Laundering
  • Fraud
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Criminal Law [2021] ZAGPJHC 826

National Director of Public Prosecutions v Maweza Nkogatsi Incorporated (2020/11723)

National Director of Public Prosecutions v Maweza Nkogatsi Incorporated (2020/11723) [2021] ZAGPJHC 826 (20 December 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2020/11723
Judge
JF Pretorius

The court found, on a balance of probabilities, that the property subject to the preservation order constituted proceeds of unlawful activities, specifically theft and money laundering, as Mr Moyo had orchestrated the transfer and control of lottery winnings intended for Mr Mundiya. The respondent, Maweza Nkogatsi Incorporated, acquired funds for legal services rendered to Mr Moyo, and the NDPP accepted that these funds were paid as legal fees. The court determined that the respondent did not know or have reasonable grounds to suspect the funds were proceeds of unlawful activities until 18 Ma…

Source excerpt

  • Prevention Of Organised Crime Act
  • Forfeiture Of Proceeds Of Crime
  • Innocent Owner Defence
  • Legal Expenses Exclusion
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Criminal Law [2015] ZAGPPHC 218

Ntsoko v National Director of Public Prosecutions (A737/13)

Ntsoko v National Director of Public Prosecutions (A737/13) [2015] ZAGPPHC 218; 2016 (1) SACR 103 (GP) (23 April 2015)

Court
North Gauteng High Court, Pretoria
Case number
A737/13
Judges
N.M. Mavundla, W.R.C. Prinsloo, A.A. Louw

The court held that the respondent's decision to proceed under Chapter 6 of POCA was rational and lawful, given the overwhelming evidence that the appellant's assets were proceeds of criminal activity. The appellant failed to provide factual evidence disproving the criminal origin of the assets, relying instead on bare denials. The court found that the legislative objectives of POCA—to deprive criminals of the proceeds of crime—outweighed the appellant's constitutional rights to property in the circumstances. The discretion to choose between Chapter 5 and Chapter 6 lies with the NDPP and is s…

Source excerpt

  • Forfeiture Of Proceeds Of Crime
  • Prevention Of Organized Crime Act
  • Constitutional Right To Property
  • Balance Of Probabilities
  • Administrative Discretion
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.