Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
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.
National Director of Public Prosecutions v Booysen and Another (1060/2022) [2023] ZAECMKHC 3 (24 January 2023)
The High Court ordered forfeiture of a Volkswagen Polo GTI used to transport drugs, finding it was an instrumentality of an offence under POCA.
National Director of Public Prosecutions v Khoza and Another (1406/2022) [2022] ZAFSHC 292 (4 November 2022)
The court found that the NDPP had established, on a balance of probabilities, that the Scania truck, tanker trailer, and Toyota Land Cruiser were used as instruments in the commission of theft of diesel, a schedule 1 offence under POCA. The respondents' version was rejected as implausible, unsubstantiated, and contradicted by objective evidence, including statements from their own employees. The court held that the preservation order was properly obtained and that the forfeiture application was brought timeously. In conducting the proportionality analysis, the court considered the value of th…
Source excerpt
National Director of Public Prosecutions v Mandava (7635/18) [2019] ZAGPPHC 141 (24 April 2019)
The High Court ordered forfeiture of a Tata truck used to transport stolen cattle, finding it was an instrumentality of stock theft under POCA.
National Director of Public Prosecution v Addamo (791/2018) [2018] ZAECPEHC 62 (6 November 2018)
The High Court ordered forfeiture of a Toyota Quantum panel van used in a burglary, finding it was an instrumentality of the offence under POCA.
National Director of Public Prosecutions v Mjeza (598/2015) [2016] ZANCHC 53 (1 April 2016)
The court found that the maroon Volkswagen Jetta was directly used to transport stolen livestock and thus constituted an instrumentality of offences under Schedule 1 to POCA, including stock theft and contravention of section 8 of the Stock Theft Act. The respondent's version that he was threatened was rejected as improbable and unsupported by evidence. He knew or at least suspected the livestock was stolen, yet still transported it. The respondent failed to discharge the onus under section 52 to prove he did not know or ought not reasonably to have known the property was an instrumentality o…
Source excerpt
National Director of Public Prosecutions v Skapu (2028/2013) [2015] ZAECGHC 2 (29 January 2015)
The High Court ordered forfeiture of a Toyota Hilux under POCA after finding it was used to transport dagga and that the owner failed to prove lack of knowledge or reasonable steps.
National Director of Public Prosecutions v Mazibuko and Others (6552/05) [2007] ZAKZHC 39; 2008 (2) SACR 611 (N) (14 December 2007)
The court found that the first respondent failed to discharge the onus of proving the innocent owner defence under section 52(2A) of POCA. The evidence demonstrated that the first respondent either knew of or acquiesced in the manufacture of mandrax on the farm, or at the very least failed to exercise the required vigilance and care. The court held that the property was an instrumentality of an offence and that proportionality did not preclude forfeiture. Regarding the second respondent, the court determined that, as spouse married in community of property, her undivided half share in the far…
Source excerpt
National Director of Public Prosecutions v Braun and Another (11244/06) [2006] ZAWCHC 60; 2007 (4) SA 72 (C); 2007 (1) SACR 556 (C) (22 December 2006)
The High Court granted a final preservation order over immovable property under POCA, holding that the property was reasonably believed to be an instrumentality of alleged sexual offences.
Explore more
