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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 Ramolahloane (900/2024) [2025] ZAFSHC 96 (27 March 2025)
The court found that the applicant established, on a balance of probabilities, that the properties and vehicles subject to the preservation order are proceeds of unlawful activities, specifically illicit gold mining and money laundering. The respondents failed to provide credible evidence or documentation to prove legitimate acquisition of the Toyota Hilux and Audi A5. Their explanations were vague, unsupported by financial records, and contradicted by uncontested evidence of cash purchases and criminal profiles. The court held that the respondents did not discharge the onus under section 52…
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National Director of Public Prosecutions v Msimango and Another (62/2022) [2025] ZAECELLC 4 (18 March 2025)
The court found, on a balance of probabilities, that the second respondent was involved in a corrupt relationship with Makupula and benefited from the award of a PPE supply tender through the acquisition of a Mercedes Benz partially paid for with funds from KUPS Trading. The explanations provided by the respondents regarding the vehicle transactions and registration were implausible and failed to rebut the applicant's case. The court held that the property and the R328 000 paid towards its purchase were proceeds of unlawful activities and constituted an instrumentality of corruption and money…
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Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021) [2025] ZAGPPHC 97 (6 February 2025)
The High Court dismissed an application to reconsider and discharge a POCA preservation order over bank funds alleged to be proceeds of unlawful land sales.
National Director of Public Prosecution v Fourie and Another (3295/2022) [2024] ZAFSHC 409 (24 December 2024)
The High Court dismissed leave to appeal in a POCA forfeiture matter, finding no reasonable prospect of success on disputes about ownership, abandonment and proof.
Mini Developments CC v Minister of Police and Another (A191/2023) [2024] ZAFSHC 361 (6 November 2024)
The court dismissed an appeal seeking return of seized trailers and SAP VIN numbers, holding that the dispute was administrative and should have been pursued under PAJA.
Klaase N.O and Others v National Director of Public Prosecutions and Others (18916/2022) [2024] ZAWCHC 303 (9 October 2024)
The court found that the trustees were properly served with the preservation order and accompanying papers, which clearly warned of the risk of forfeiture and the need to enter an appearance to defend. The explanation for their default—reliance on attorneys who allegedly failed to advise them—was unsatisfactory, especially given their ongoing representation in related civil and criminal proceedings and their demonstrated capacity to understand complex matters. The court held that the NDPP's failure to disclose the SIU action at the preservation stage was not material, as the SIU action and th…
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Gadiah and Another v National Director of Public Prosecutions (8752/22D) [2024] ZAKZDHC 65; 2025 (1) SACR 81 (KZD) (23 September 2024)
The applicants participated in an unlawful multiplication scheme operated by Manci, promising returns far exceeding lawful interest rates. Their invested funds were used as instrumentality of the offence. Although the applicants claim to be victims and deny knowledge of illegality, the extraordinary returns and their conduct raise a clear factual dispute regarding their knowledge. Motion proceedings are ill-suited to resolve such disputes, and neither party sought referral to oral evidence. On the common cause facts, the applicants have not established grounds for variation of the forfeiture…
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National Director of Public Prosecutions v Pule (M321/2023) [2024] ZANWHC 234 (16 September 2024)
The High Court refused to rescind a POCA preservation order over a bakkie, granted condonation, and held the later forfeiture application kept the order alive.
Mfana Ignitius Kubai v S (923/2023) [2024] ZASCA 123; 2024 (2) SACR 595 (SCA) (30 August 2024)
The Supreme Court of Appeal set aside a 15-year sentence for rhino poaching, holding that the high court misdirected itself and that 9 years was appropriate.
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