Yanfang v National Director of Public Prosecutions (2746/2017)
Yanfang v National Director of Public Prosecutions (2746/2017) [2022] ZANCHC 6 (4 February 2022)
The court found that the respondent failed to establish on a balance of probabilities that the cash sum was the proceeds of unlawful activity as contemplated in s50(1)(b) of POCA. The respondent did not specify which legislation or provision was contravened regarding exchange control, and the facts did not support a finding of money laundering or a contravention of s64 of the FIC Act. The definition of 'transaction' under the FIC Act, as it stood on the relevant date, did not apply to the facts, and there was no evidence of a transaction with an accountable institution. The rule in Plascon-Ev…
Source excerpt
- Asset Forfeiture
- Money Laundering
- Exchange Control
- Burden Of Proof
- Rule In Plascon Evans