Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)
Court
Mbombela High Court, Mpumalanga
Case number
5833/2023; 5325/2023
Judge
Moleleki
The High Court dismissed an application to release restrained funds for legal and living expenses under POCA, finding inadequate disclosure and unmet jurisdictional requirements.
Mokoena and Others v National Director of Public Prosecutions and Another (11305/2022) [2024] ZAGPJHC 967 (30 September 2024)
Court
South Gauteng High Court, Johannesburg
Case number
11305/2022
Judge
MMP Mdalana-Mayisela
The court found that the first applicant, as both a trustee and beneficiary of the Trust, is entitled to apply for the release of funds from restrained property for reasonable legal and living expenses under section 26(6) of POCA. The applicant made full disclosure of his interests in the restrained property and demonstrated that he cannot meet the legal and living expenses from unrestrained property. The legal expenses incurred are reasonable and directly related to proceedings under POCA. The tertiary education fees for the first applicant’s daughter, who is a minor and not self-supporting,…
B v B (55426/2021) [2022] ZAGPJHC 280 (20 April 2022)
Court
South Gauteng High Court, Johannesburg
Case number
55426/2021
Judge
Mahomed
Rule 43 interim maintenance was granted in part, with monthly maintenance, a legal-costs contribution, and continued medical aid cover ordered pending divorce.
Van Staden and Another v Knoetze N.O and Another; In Re: National Director of Public Prosecutions v Van Staden and Others (6277/2014, 20738/2008) [2014] ZAWCHC 58; 2015 (1) SACR 96 (WCC) (23 April 2014)
Court
Western Cape High Court, Cape Town
Case number
6277/2014, 20738/2008
Judge
N P Boqwana
The court held that the applicants, acting in their individual capacities, do not have sufficient interest in the restrained trust assets to seek payment of living expenses under POCA. The statutory scheme, as interpreted by the Constitutional Court in Naidoo v NDPP, restricts access to restrained assets for living expenses to persons against whom the restraint order is made, subject to strict conditions of full disclosure and inability to meet expenses from unrestrained property. The applicants failed to meet these conditions, as not all trustees and beneficiaries were before the court, and…
Seoposengwe and Others v National Director of Public Prosecutions and Another (19/2003) [2003] ZANWHC 24 (15 May 2003)
Court
North West High Court, Mafikeng
Case number
19/2003
Judge
M M Leeuw
The court found that the applicants failed to establish grounds for rescission or variation of the restraint order under POCA. The criminal proceedings against the applicants were withdrawn provisionally, but the respondents intend to recharge them, and investigations are ongoing. Therefore, proceedings are not concluded as required by section 26(10)(b) of POCA. The application for access to R175,000 and the motor vehicle was not supported by sufficient evidence of undue hardship, and the first applicant has unrestrained income available. Legal expenses are not covered under section 26(10)(a)…
