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South Africa decisions
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Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)
The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.
Phumo and Another v National Director of Public Prosecutions (2024-104694) [2025] ZAGPPHC 637 (9 June 2025)
The court found that the NDPP failed to comply with the procedural requirements for service and publication of the ex parte preservation order under section 39 of POCA. Service was effected at an incorrect address, and publication in the Government Gazette referenced the wrong year. The delay of four months in notifying the applicants and publishing the order was unexplained and constituted a breach of the duty of utmost good faith. These procedural defects infringed the applicants' constitutional rights and rendered the preservation order invalid and lapsed under section 40 of POCA. The urge…
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National Director of Public Prosecutions v Victor N.O and Others (756/2023) [2025] ZASCA 31; 2025 (1) SACR 561 (SCA) (31 March 2025)
The Supreme Court of Appeal dismissed the NDPP’s application to reinstate a lapsed appeal about POCA-preserved funds now held in insolvency administration.
Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 7 (17 March 2025)
The Tribunal found that the applicant failed to provide full and frank disclosure of his financial situation, including details of income from rental properties and proceeds from property sales, and showed reluctance to sell assets to meet expenses. The legislative framework, when interpreted harmoniously, empowers the Tribunal to grant interdictory relief to protect state assets, and the rules do not override the SIU Act. The applicant did not meet the requirements for release of preserved funds under rule 23(10), as he did not disclose all interests in property subject to the preservation o…
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Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021) [2025] ZAGPPHC 97 (6 February 2025)
The High Court dismissed an application to reconsider and discharge a POCA preservation order over bank funds alleged to be proceeds of unlawful land sales.
Van Den Heever N.O v Mashaba and Others (124034/2024) [2024] ZAGPPHC 1210 (13 November 2024)
The High Court granted urgent relief compelling disclosure and delivery of a Bentley, finding the vehicle fell within a tax preservation order and threatened dissipation.
Commissioner for the South African Revenue Services v Shabangu and Another (121282/2023; 121275/2023) [2024] ZAGPPHC 1014 (15 October 2024)
The court found that SARS had established the existence of unsatisfied tax debts and acts of insolvency by both Mr. Shabangu and the Roux Shabangu Family Trust. The respondents' argument that SARS must exhaust all remedies under the Tax Administration Act before seeking sequestration was rejected, as the Act expressly empowers SARS to institute such proceedings. The existence of preservation orders did not preclude sequestration, especially given the respondents' disregard for those orders and their failure to disclose the source of funds supporting a lavish lifestyle. The court held that the…
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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.
Special Investigations Unit v Municipal Employees Union Retirement Fund and Others (GP10/2020) [2024] ZAST 11 (31 July 2024)
The Tribunal found that its jurisdiction to grant interdicts is not limited by section 37D(1)(b)(ii) of the Pension Funds Act, as the SIU's application is based on the Special Investigating Unit and Special Tribunals Act and Tribunal Rules. The Tribunal's powers under section 8(2) are sufficiently broad to include the preservation of pension benefits pending final determination of the main action. The requirements for an interim interdict under common law were satisfied: the SIU established a prima facie right based on procurement irregularities and breach of fiduciary duties by Legodi, there…
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ABSA Bank Limited v Moreba Tour and Transfers and Another (43056/2021) [2024] ZAGPPHC 834 (30 July 2024)
The High Court granted ABSA a preservation order over a bus pending trial, finding the respondents lacked authority to oppose and that interim relief was justified.
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