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South Africa decisions
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Mohlaloga v S (1028/2023; 1112/2023) [2025] ZASCA 115 (8 August 2025)
The Supreme Court of Appeal struck a reconsideration bid from the roll and dismissed a sentence appeal in a fraud and POCA matter involving misuse of grant funds.
National Director of Public Prosecutions v Mogotlane and Others (2023-028928) [2025] ZAGPPHC 786 (1 August 2025)
The High Court dismissed a procedural application to compel under rule 35(12) and confirmed a restraint order against specified defendants and a respondent.
National Director of Public Prosecutions and Another v Kruger (D10552/2023) [2025] ZAKZDHC 44 (18 July 2025)
The High Court dismissed an application for leave to appeal against a ruling setting aside POCA prosecution authorisation, finding no reasonable prospect of success.
National Director of Prosecutions v Mate (3898/2022) [2025] ZALMPPHC 123 (19 June 2025)
The High Court ordered forfeiture of a farm and movable assets used as a methamphetamine factory, finding the property an instrumentality of the offence.
Modjela N.O and Another v Engelbrecht N.O and Another (3783/2022) [2025] ZAMPMBHC 56 (18 June 2025)
The court found that the applicants failed to establish urgency as required by Rule 6(12)(b), having delayed their application despite early notice of the intended sale. The applicants did not comply with their disclosure obligations under section 26(7) of POCA, nor did they engage constructively with the Curator to resolve the matter. Their assertion of irreparable harm was undermined by the existence of a further period for acceptance of tenders and their refusal to discuss alternative means of preserving the property. The court held that the urgency was self-created and that the applicants…
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Ditlhakanyane v S (775/2023) [2025] ZASCA 90 (12 June 2025)
The Supreme Court of Appeal found that convicting the appellant under both s 2(1)(e) and s 2(1)(f) of POCA for the same conduct violated the rule against duplication of convictions. The evidence used to prove participation in the enterprise (s 2(1)(e)) necessarily proved management of the enterprise (s 2(1)(f)), and vice versa, making the two counts indistinguishable on the facts. Both the trial and full courts failed to address this duplication, constituting a material misdirection. The conviction and sentence under s 2(1)(f) were set aside, leaving only the conviction under s 2(1)(e). Regar…
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Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)
The High Court dismissed an application to release restrained funds for legal and living expenses under POCA, finding inadequate disclosure and unmet jurisdictional requirements.
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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Smith v Hills and Another (2025/055555; 2021/4094; SS 79/2022) [2025] ZAGPJHC 503 (23 May 2025)
The High Court dismissed an urgent POCA application for release of restrained funds for legal fees, finding insufficient disclosure of restrained and unrestrained assets.
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.
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