High Court of South Africa Eastern Cape, Port Elizabeth - 2013 September

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1 judgment
Citation
Judgment date
September 2013
Reported
Victims may intervene in POCA s26(6) proceedings; applicant failed s26(6) disclosure and inability-to-pay tests, so funds not released.
POCA s26(6) — High Court has discretion to permit intervention by victims (not confined to creditors) Intervention — prima facie sufficient interest, school governing body may litigate to protect school’s interests s26(6) preconditions — full disclosure under oath of all interests in restrained property; inability to meet expenses from unrestrained property Failure to disclose origin/nature of restrained funds and insufficient evidence of financial inability bars release of funds Application dismissed; costs awarded to respondents
19 September 2013