South Africa Case Law

Botha NO and Another v National Director of Public Prosecutions (920/2017)

Botha NO and Another v National Director of Public Prosecutions (920/2017) [2018] ZASCA 146 (11 October 2018)

Court

Supreme Court of Appeal

Case number

920/2017

Judges

Majiedt, Swain, Mathopo, Schippers, Mokgohloa

The Supreme Court of Appeal found that the deceased, in her capacity as Head of Department, deliberately breached procurement regulations to favour Trifecta, resulting in the award of lucrative leases. In exchange, Trifecta paid for extensive renovations to her property and transferred shares to a trust benefiting her family. The evidence demonstrated that the purported loan agreement was fabricated after the fact to conceal the true nature of the renovations as gratification for corrupt activities. Both the renovations and the shares constituted proceeds of unlawful activities, namely corrup…

Source excerpt

• Prevention Of Organised Crime Act
• Forfeiture Of Proceeds
• Corruption
• Money Laundering
• Proportionality Enquiry
• Public Procurement Irregularities

National Director of Public Prosecutions v Madumela (13842/10)

National Director of Public Prosecutions v Madumela (13842/10) [2012] ZAGPPHC 232 (29 October 2012)

Court

North Gauteng High Court, Pretoria

Case number

13842/10

Judge

Potterill

The court found that the applicant proved on a balance of probabilities that the vehicles and cash listed were either instrumentalities used in the commission of drug-related offences or proceeds of such unlawful activities. The respondent failed to provide credible evidence or documentation supporting lawful acquisition or use of the property and did not establish an innocent owner defence. The respondent's blanket denials and failure to respond to detailed affidavits did not create a bona fide factual dispute. The proportionality enquiry favoured forfeiture, as the property was integral to…

Source excerpt

• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Instrumentality Of Offence
• Proceeds Of Crime
• Innocent Owner Defence
• Proportionality Enquiry

National Director of Public Prosecutions v Van der Merwe and Another (A338/2010)

National Director of Public Prosecutions v Van der Merwe and Another (A338/2010) [2011] ZAWCHC 8; 2011 (2) SACR 188 (WCC); [2011] 3 All SA 635 (WCC) (24 February 2011)

Court

Western Cape High Court, Cape Town

Case number

A338/2010

Judges

A.G. Binns-Ward, D.V. Dlodlo, N.C. Erasmus

The High Court upheld forfeiture of a Cape Town property used as a long-running drug den and confirmed forfeiture of seized cash as crime proceeds.

• Prevention Of Organised Crime Act
• Forfeiture Of Property
• Instrumentality Of An Offence
• Proceeds Of Unlawful Activities
• Proportionality Enquiry
• Innocent Owner Defence