n South African Journal of Criminal Justice - General principles and specific offences : recent cases

Volume 26, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In 2012 (2) SACR 331 (CC) the Constitutional Court endorsed the opinion of other courts that the provisions of the Prevention of Organised Crime Act 121 of 1998 (POCA) relating to forfeiture of the instrumentality of 'an offence' are not necessarily limited to organised crimes created in the said Act. The applicants in this case were a married couple with three children who had been running a shebeen unlawfully from their house in a residential area for many years. A forfeiture order had been issued in respect of this house in terms of the provisions of Chapter 6 of POCA. After an unsuccessful application to the Western Cape High Court to have the order set aside, the applicants approached the Constitutional Court, arguing that the interpretation of POCA is a constitutional issue and that forfeiture affects constitutional rights such as the right not to be arbitrarily deprived of one's property and access to adequate housing.

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