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Regiments Fund Managers (Pty) Ltd and Others v Nel NO and Another (2022-007672) [2023] ZAGPJHC 1420 (1 December 2023)
The High Court held that a restraint order under POCA stripped the applicants’ boards of authority, leaving them without locus standi to bring the application.
Mansoor and Another v National Director of Public Prosecutions and Another (3494/2010) [2011] ZAECPEHC 18 (12 May 2011)
The court held that the discharge of the provisional restraint order means there is no longer any legal basis for the continued restraint of the applicants' property. The noting of an appeal does not suspend the discharge of the order unless the parties have specifically agreed to maintain the restraint pending appeal, which was not the case here. The respondents' refusal to release the property was based on a misconception of the law. The counter-application to maintain the restraint order pending appeal was a repetition of arguments already dismissed on the merits and was accordingly refuse…
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