National Director of Public Prosecutions v Botha NO and Another [2020] ZACC 6 (26 March 2020)

Reported
National Director of Public Prosecutions v Botha NO and Another [2020] ZACC 6 (26 March 2020)

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Cited documents 17

Act
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Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Peace and Security
Human Rights · Peace and Security

Documents citing this one 7

Judgment
7
Reported

Prevention of Organised Crime Act 121 of 1998 – jurisdiction –
power of high court to make a forfeiture order in respect of property situated in a
foreign country and belonging to persons not presently resident in South Africa –
s 19 of the International Co-operation in Criminal Matters Act 75 of 1996
enabling effective order – proceeds of unlawful activity committed in South
Africa – what constitutes proceeds of unlawful activity

Forfeiture of properties linked to illegal activities under POCA upheld, lack of credible evidence from respondents.
Criminal Law - Prevention of Organised Crime Act (POCA) - forfeiture of properties - evidentiary burden to prove legitimate acquisition - associations with illegal gold mining activities.