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Wildschitt v S (A381/2009) [2009] ZAWCHC 206 (3 December 2009)
Leave to appeal was refused because the criminal proceedings had ended, making the proposed appeal academic and of no practical effect.
National Director of Public Prosecutions and Others v Vermaak (368/06) [2007] ZASCA 150; [2007] SCA 150 (RSA); [2008] 1 All SA 448 (SCA); 2008 (1) SACR 157 (SCA) (28 November 2007)
The Supreme Court of Appeal held that POCA applies to individual wrongdoing, including driving under the influence, and that a motor vehicle used in the commission of such an offence qualifies as an instrumentality under the Act. However, the court found that forfeiture must be proportionate and primarily remedial, not merely punitive. In this case, the respondent's conduct, while serious, did not amount to ongoing criminal enterprise, and conventional criminal penalties were adequate to deter future offences. The respondent's personal circumstances and the nature of the offence did not justi…
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