Tag: POCA 50

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...