National Director of Public Prosecutions v Livia Transport (Pty) Ltd (540/2024; 5817/2023)
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…
Source excerpt
- Preservation Of Property Order
- Rei Vindicatio
- Instrumentality Of Offence
- Ex Parte Applications
- Duty Of Full Disclosure