South Africa Case Law

Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021)

Wildebeesfontein Properties and Projects v National Director of Public Prosecutions (46195/2021) [2025] ZAGPPHC 97 (6 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

46195/2021

Judge

Joyini

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.

• Prevention Of Organised Crime Act
• Ex Parte Applications
• Preservation Order
• Audi Alteram Partem
• Forfeiture Of Property
• Proceeds Of Unlawful Activities

National Director of Public Prosecutions v Maine Management & Chartered Accountant (Pty) Ltd (4395/2023; 4647/2023)

National Director of Public Prosecutions v Maine Management & Chartered Accountant (Pty) Ltd (4395/2023; 4647/2023) [2024] ZAFSHC 83 (19 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4395/2023; 4647/2023

Judge

Naidoo

The court dismissed two reconsideration applications against preservation orders, finding prima facie evidence that municipal payments may have been unlawful proceeds.

• Preservation Order
• Proceeds Of Unlawful Activities
• Prevention Of Organised Crime Act
• Municipal Tender Irregularities
• Urgent Application
• Reconsideration Under Rule 6 12 C

Special Investigating Unit and Another v Lebelo and Others (GP06 /2022)

Special Investigating Unit and Another v Lebelo and Others (GP06 /2022) [2022] ZAST 18 (8 August 2022)

Court

Special Tribunal

Case number

GP06 /2022

Judge

L.T. Modiba

The Tribunal found that the appointment of a curator bonis is necessary to preserve the value of immovable properties acquired through unlawful activities, given the risk that the respondents may lose incentive to maintain them pending civil proceedings. The Tribunal held that there is no rigid rule for appointing a curator bonis; rather, the circumstances and the purpose of the preservation order are decisive. The suitability of the proposed curator bonis was established through supplementary evidence, and the respondents did not oppose this further information. The Tribunal also held that t…

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• Preservation Order
• Curator Bonis Appointment
• Proceeds Of Unlawful Activities
• Pension Benefit Interdict
• Urgent Interdict
• Special Investigating Units Act

National Director of Public Prosecutions In re: R6287 in cash(the property) seized by the South African Police Service (the SAPS) in Aliwal North on 7 November 2019 (508/2020)

National Director of Public Prosecutions In re: R6287 in cash(the property) seized by the South African Police Service (the SAPS) in Aliwal North on 7 November 2019 (508/2020) [2022] ZAECMKHC 45 (26 July 2022)

Court

Eastern Cape High Court, Makhanda

Case number

508/2020

Judge

N G Beshe

The High Court dismissed an application to forfeit R6,287 cash under POCA, finding no sufficiently close link between the money and alleged drug dealing.

• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Proceeds Of Unlawful Activities
• Poca
• Forfeiture-of-property
• Proceeds-of-unlawful-activities

Fanoe and Another v S (CC 40/21)

Fanoe and Another v S (CC 40/21) [2022] ZAECELLC 8; 2022 (2) SACR 166 (ECMk) (28 February 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

CC 40/21

Judge

I.T. Stretch

The court found that the applicants were charged only with offences relating to proceeds of unlawful activities and money laundering, without any allegation of common purpose or involvement in the broader fraudulent scheme attributed to other accused. The evidence against the applicants was largely circumstantial and limited to their business dealings with Victory Ticket 750 CC. The applicants admitted the factual basis of the transactions but denied knowledge of any unlawful origin of the funds. The court held that requiring the applicants to sit through a lengthy joint trial, where most evi…

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• Separation Of Trials
• Money Laundering
• Proceeds Of Unlawful Activities
• Common Purpose
• Prejudice In Joint Trials

National Director of Public Prosecutions v Moore and Others (628/2020)

National Director of Public Prosecutions v Moore and Others (628/2020) [2021] ZANCHC 38 (30 July 2021)

Court

Northern Cape High Court, Kimberley

Case number

628/2020

Judge

Mamosebo

The court found that Ms Moore was not entitled to sell the Apian property in 2014, as she had been removed as executrix and the property formed part of the deceased estate. The redistribution agreement did not authorise her to sell the property before transfer, and she failed to pay the required bequest to the estate. The funds received from Mr Raadt were used to purchase the Barkly West properties, which were subsequently registered in a trust controlled by her son. The court held that these properties were proceeds of unlawful activities under POCA, as the acquisition was based on funds unl…

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• Money Laundering
• Forfeiture Of Property
• Proceeds Of Unlawful Activities
• Redistribution Agreement
• Estate Administration
• Proportionality In Forfeiture

Qui v National Director of Public Prosecutions (2746/2017)

Qui v National Director of Public Prosecutions (2746/2017) [2020] ZANCHC 13 (28 February 2020)

Court

Northern Cape High Court, Kimberley

Case number

2746/2017

Judge

Mamosebo

The court found that while the applicant's explanation for the late filing of the application for leave to appeal was inadequate, the prejudice to her if condonation were refused outweighed the deficiencies, and condonation was granted. However, the court held that the applicant failed to demonstrate reasonable prospects of success on appeal. The VW Polo was found to be an instrumentality of an offence, having been used repeatedly to transport large sums of cash for unlawful purposes. The cash amount of R2,430,000.00 was determined to be proceeds of unlawful activities, as the explanations fo…

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• Forfeiture Of Property
• Proceeds Of Unlawful Activities
• Instrumentality Of Offence
• Condonation
• Leave To Appeal

National Director of Public Prosecutions v Johnson and Another (2746/2017)

National Director of Public Prosecutions v Johnson and Another (2746/2017) [2019] ZANCHC 29; 2019 (2) SACR 438 (NCK) (12 July 2019)

Court

Northern Cape High Court, Kimberley

Case number

2746/2017

Judge

Mamosebo

The court found that the VW Polo was directly used to facilitate the transportation of a large sum of cash under suspicious circumstances, and that the respondents failed to provide credible documentation or explanation for the origin and purpose of the cash. The explanations regarding casino winnings and oyster purchases were rejected as fabricated, given the lack of supporting evidence and the fact that the intended recipient was unlicensed at the relevant time. The cash was found to be proceeds of unlawful activities, and the VW Polo was an instrumentality of an offence under POCA. The abs…

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• Prevention Of Organised Crime Act
• Asset Forfeiture
• Money Laundering
• Exchange Control Offences
• Proceeds Of Unlawful Activities

National Director of Public Prosecutions v Van Rensburg (SS13/12)

National Director of Public Prosecutions v Van Rensburg (SS13/12) [2019] ZAWCHC 104; [2020] 1 All SA 231 (WCC) (25 April 2019)

Court

Western Cape High Court, Cape Town

Case number

SS13/12

Judge

P.A.L.Gamble

The court finds that the confiscation application under POCA requires a thorough inquiry into the defendant's benefit from unlawful activities, the nature and source of assets held or transferred, and whether these constitute proceeds of crime or affected gifts. The evidence presented reveals inconsistencies and gaps regarding the acquisition, disposal, and financing of various assets, including properties, vehicles, and business interests. The court exercises its wide powers under POCA to direct the parties to provide further affidavits, documentation, and clarification, including financial…

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• Prevention Of Organized Crime Act
• Confiscation Order
• Proceeds Of Unlawful Activities
• Affected Gift
• Asset Forfeiture
• Burden Of Proof

National Director of Public Prosecutions v Theron and Others (3214/2017)

National Director of Public Prosecutions v Theron and Others (3214/2017) [2018] ZAWCHC 144; 2019 (2) SACR 32 (WCC) (8 November 2018)

Court

Western Cape High Court, Cape Town

Case number

3214/2017

Judge

Binns-Ward

The court found that the immovable property and cash seized were liable to forfeiture under POCA as they were directly used in and derived from drug manufacturing and dealing. The evidence obtained in the warrantless search was admissible, as the statutory provision authorising the search was only declared unconstitutional prospectively, and the proceedings were civil, not criminal. The mortgagee's rights in the property, secured prior to the preservation order, were not subject to forfeiture, and any claim by the trust must be established to the curator bonis upon disposal. The first respond…

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• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Instrumentality Of Offence
• Proceeds Of Unlawful Activities
• Innocent Owner Defence
• Constitutional Rights