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South Africa Case Law

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Civil Procedure [2006] ZAWCHC 6

Van der Merwe and Another v Nel NO and Others (A481/05)

Van der Merwe and Another v Nel NO and Others (A481/05) [2006] ZAWCHC 6; [2006] 4 All SA 96 (C); 2006 (2) SACR 487 (C) (24 February 2006)

The court held that the seizure of the foreign currency from the first appellant was lawful, whether effected under Regulation 3(3) of the Exchange Control Regulations or section 20 of the Criminal Procedure Act. The court rejected the respondents' argument that forfeiture to the National Revenue Fund was automatic upon seizure, finding instead that the Treasury must exercise a discretion before forfeiture is finalized. However, the court found that the first appellant failed to establish ownership of the seized currency, as his own affidavit indicated that the funds belonged to other members…

  • Exchange Control Regulations
  • Rei Vindicatio
  • Seizure Of Currency
  • Forfeiture
  • Ownership Of Funds
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