n South African Journal of Criminal Justice - Constitutional application : case review
|Article Title||Constitutional application : case review|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Publication Date||Jan 2007|
|Pages||292 - 301|
In National Director of Public Prosecutions v Gerber 2007 (1) SA 384 (W), the court held that immovable property could not be forfeited in terms of the Prevention of Organised Crime Act 2 of 1998 where the owner of the immovable property has allowed it to be used in the commission of a crime, but has not committed any wrong him or herself, either intentionally or negligently. This is because, the court held further, the forfeiture of immovable property in such a case would infringe the owner's right not to be arbitrarily deprived of property as guaranteed in s 25(1) of the Constitution of the Republic of South Africa 1996.
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