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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 Livia Transport (Pty) Ltd (540/2024; 5817/2023) [2025] ZAMPMBHC 29 (22 April 2025)
The court found that the requirements for a preservation of property order under section 38 of POCA were met, as there were reasonable grounds to believe the truck and trailers were used in the commission of Schedule 1 offences, including theft, fraud, forgery, and contraventions of the Second-Hand Goods Act and Criminal Matters Amendment Act. The innocence or otherwise of Livia Transport was irrelevant to the preservation application. The NDPP did not fail to disclose material information in its ex parte application, as it was not aware of the pending rei vindicatio application and was not a…
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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.
National Director of Public Prosecutions v Omar (021718/2022) [2023] ZAGPJHC 1356 (22 November 2023)
The High Court dismissed a reconsideration application against a POCA preservation order over a truck, trailer, and cash, finding the truck and trailer were instrumentalities of the offence.
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 Dhurgasamy (18/36715) [2023] ZAGPJHC 829 (26 July 2023)
The court found, on a balance of probabilities, that the cash seized was both the proceeds of unlawful activities and an instrumentality of offences under POCA. The respondent failed to provide credible evidence of the lawful origin of the funds, the existence of a legitimate business, or the legitimacy of the loan and currency exchange transactions. The explanations offered were inconsistent, unsupported by documentation, and indicative of attempts to circumvent exchange control and anti-money laundering legislation. The respondent's interest in the property was not acquired legally and for…
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National Director of Public Prosecutions v Karuga (324/2022) [2023] ZAECMKHC 19 (21 February 2023)
The court granted forfeiture of a Nissan Micra used to conceal drugs, finding the respondent failed to prove ownership or innocent-owner status under POCA.
National Director of Public Prosecutions v Muyambo and Another (2434/2022) [2023] ZAFSHC 27 (8 February 2023)
The High Court ordered forfeiture of R1 399 000 seized from the respondents, finding the cash was proceeds of unlawful gold trading and used in an attempted bribe.
Kenakobiz Trading 104 CC v Minister of Police and Others (1069/2021) [2023] ZANCHC 7 (27 January 2023)
The applicant failed to discharge the onus of proving, on a balance of probabilities, that the seized items would not be required for future criminal proceedings. The mere undertaking to keep and avail the items is insufficient to satisfy the requirements of section 31(1)(a) of the Criminal Procedure Act. The applicant did not obtain confirmation from the Director of Public Prosecutions that the items would not be needed, nor did it demonstrate that criminal proceedings would not be reinstituted. The interests of justice and the State's need to preserve evidence outweigh the applicant's busin…
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National Director of Public Prosecutions v Kwetana (4034/2021) [2022] ZAECMKHC 35 (10 June 2022)
Forfeiture of a Toyota Quantum and trailer used to transport stolen sheep was refused because, although the property was an instrumentality, forfeiture was disproportionate.
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