Adjustment of Fines Act, 1991

POCA — Chapter 6 civil forfeiture — meaning of "instrumentality of an offence" — property adapted and used over time to facilitate crime — sufficient causal/functional link required; Scope of POCA — Schedule 1 offences may fall within Chapter 6 as amended; Proportionality — forfeiture must not amount to arbitrary deprivation (s 25) or grossly punitive measure — weigh nature/gravity of offence, role of property, penalties already imposed, and public interest; Interaction with provincial statute — parallel criminal or confiscatory regimes are relevant to proportionality; Practicality — partial forfeiture of immovable property is problematic without evidence of feasible subdivision.

Town planning and land-use law – unlawful township development – private subdivision and use of agricultural land without township establishment – municipal duty to enforce land-use, zoning and building regulations; Companies/contract law – inducement to breach contractual obligations (withholding levies) – injunctionable conduct; Constitutional law – freedom of expression does not extend to inducing unlawful breaches of contract; Declaratory relief – inappropriate where multiple interested non-parties would be affected; Clean-hands doctrine – court may relax but takes conduct into account.

* Municipal and planning law – land use schemes – Saldanha Bay Municipal Integrated Zoning Scheme By‑Law – primary uses versus consent uses; tourism and holiday housing require municipal consent. * Zoning – Residential Zone 1 – 'dwelling house'/'dwelling unit' construed as residential living accommodation for one household; commercial short‑term letting and events not permitted without consent. * Ancillary use principle – uses not expressly provided for in scheme are not permitted where scheme provides specific consent categories (Rustenburg jurisprudence). * Neighbour enforcement – neighbouring owners may obtain interdicts for zoning contraventions; proof of imminent harm and lack of alternative remedy sufficient.

Criminal procedure – s112(1)(a) Criminal Procedure Act 51 of 1977 – summary conviction on bare plea; limits of sentencing under s112(1)(a) – direct imprisonment excluded; ministerial monetary cap (R5,000) on fines. Adjustment of Fines Act 101 of 1991 – applicable to calculate maximum fine where imprisonment maximum prescribed, but not to increase s112(1)(a) cap. Review – incompetent sentences set aside; conviction confirmed but sentence amended where required.

Environmental law – s22(1) ECA offences – applicability of s34(3) of NEMA – restorative disgorgement and discretionary enquiry; s34(3) triggers: environmental degradation, inability to obtain authorisation or inadequate subsequent authorisation; interpretation of s29(4) “commercial value” – cost-based approach limited to fuel-related assets (pre-2014 legal position); sentencing: combined s34(3) disgorgement and s29(4) fines for deterrence and protection of s24 constitutional rights.