National Director of Public Prosecutions v Moolla (07/23918)
National Director of Public Prosecutions v Moolla (07/23918) [2010] ZAGPJHC 56; 2010 (2) SACR 429 (GSJ) (28 July 2010)
The Court held that the preservation order had lapsed because the forfeiture application was not served on the respondent within the 90-day period prescribed by section 40 of POCA. The statutory requirements are peremptory and require strict compliance, particularly given the invasive nature of POCA and the constitutional protection of property rights. The applicant failed to provide any substantive explanation or application for condonation of the non-compliance, and the forfeiture application itself was materially defective. The Court found that service on the respondent's attorneys may hav…
Source excerpt
- Prevention Of Organised Crime Act
- Preservation Order Lapse
- Forfeiture Application
- Statutory Compliance
- Constitutional Property Rights