South Africa Case Law

Nyhonyha N O and Others v NDPP (972/2022; 973/2022; 974/2022)

Nyhonyha N O and Others v NDPP (972/2022; 973/2022; 974/2022) [2024] ZASCA 113; [2024] 3 All SA 706 (SCA); 2024 (2) SACR 358 (SCA) (16 July 2024)

Court

Supreme Court of Appeal

Case number

972/2022; 973/2022; 974/2022

Judges

Nicholls, Weiner, Molefe, Coppin, Smith

The Supreme Court of Appeal held that the appellants, including family trusts and subsidiaries, hold realisable property on behalf of the defendants within the meaning of section 14(1) of POCA. The court found that the evidence established that Mr Nyhonyha and Mr Pillay exercised control over the assets of the trusts and subsidiaries, were the real beneficiaries, and treated the assets as their own. Substantial interest-free loans and control over shareholdings demonstrated that the trusts' assets were used for the defendants' benefit. The court rejected the narrow interpretation advanced by…

Source excerpt

• Prevention Of Organised Crime Act
• Restraint Order
• Realisable Property
• Trusts And Corporate Veil
• Confiscation Order
• Beneficial Ownership

National Director of Public Prosecutions v Tshamase and Others (1903/2022)

National Director of Public Prosecutions v Tshamase and Others (1903/2022) [2023] ZAECQBHC 45 (8 August 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1903/2022

Judge

Dreyer AJ

The NDPP failed to establish on a balance of probabilities that any of the respondent entities acquired affected gifts from the defendants or hold realisable property as defined by POCA. The fourteenth respondent, although connected to the respondent entities, is not a defendant and has not been charged. There is no evidence that the respondent entities received property from any defendant, nor is there any intention to prosecute the fourteenth respondent. The definition of 'defendant' in POCA cannot be extended to include persons not charged. Consequently, the requisite causal connection req…

Source excerpt

• Prevention Of Organised Crime Act
• Restraint Order
• Realisable Property
• Affected Gift
• Burden Of Proof
• Interpretation Of Statute

National Director of Public Prosecutions v Du Preez and Another (A406/08)

National Director of Public Prosecutions v Du Preez and Another (A406/08) [2010] ZAGPPHC 1 (27 January 2010)

Court

North Gauteng High Court, Pretoria

Case number

A406/08

Judges

Van Loggerenberg, Bertelsmann

The High Court dismissed an appeal for a POCA confiscation order, holding that asset transfers under a valid divorce order were not affected gifts.

• Prevention Of Organised Crime Act
• Confiscation Order
• Affected Gift
• Realisable Property
• Division Of Joint Estate
• Confiscation-order