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South Africa decisions
Decisions matching the current search
Saule v S (CA&R93/2023) [2024] ZAECMHC 23 (2 May 2024)
Bail appeal upheld on new facts including completed investigations, health deterioration, financial hardship, and delayed trial. Bail was granted with conditions.
National Director Of Public Prosecutions v Kulati (2043/2017) [2018] ZAECGHC 127 (4 December 2018)
The court found that the Audi motor vehicle played only a limited and incidental role in the events admitted by the respondent. It was used once to transport a victim a short distance and did not facilitate or make possible the commission of the offence in a real or substantial sense. Applying the principles from Cook Properties, the property must be instrumental, not merely incidental, to the commission of the offence. The evidence did not establish that the Audi was an instrumentality of kidnapping for the purposes of POCA. Consequently, the application for forfeiture failed, and there was…
Source excerpt
Ex parte: National Director of Public Prosecutions (168/2018) [2018] ZAFSHC 9 (9 March 2018)
The High Court granted a POCA preservation order over land and funds, appointed a curator bonis, and set notice and opposition procedures for interested parties.
National Director of Public Prosecution v Mniki (2190/2009) [2010] ZAECPEHC 39 (29 June 2010)
The Eastern Cape High Court refused to forfeit a vehicle under POCA, finding it was not directly causally connected to unlawful possession of wild animal carcases.
National Director of Public Prosecutions v Starplex 47 CC and Others; National Director of Public Prosecutions v Mamadou and Another (12099 / 2007) [2008] ZAWCHC 20; 2009 (1) SACR 68 (C) ; [2008] 4 All SA 275 (C) (20 March 2008)
The High Court confirmed a POCA preservation order over seized cash, finding reasonable grounds that it was linked to unlawful foreign exchange dealing.
National Director of Public Prosecutions v Madatt and Others (6488/2007) [2008] ZAWCHC 5 (25 January 2008)
The High Court granted a preservation order over two Woodstock properties under POCA, finding reasonable grounds to believe they were drug-offence instrumentalities.
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