CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 280/18 In the matter between:
NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS Applicant and
GESIENA MARIA BOTHA N.O. First Respondent ANGELIQUE BOTHA N.O. Second Respondent
DIRECTIONS DATED 27 FEBRUARY 2019
The Chief Justice has issued the following directions:
1. The applicant and the respondents are directed to file written submissions on:
(a) whether a proportionality enquiry applies to forfeiture of proceeds of unlawful activities under section 50 of the Prevention of Organised Crime Act 121 of 2008 (POCA);
(b) the proper approach to whether property subject to a preservation order should be forfeited under section 50(1)(b) of POCA; and
(c) whether any payments made by the late Ms Yolanda Rachel Botha under the ostensible loan agreement should be considered in determining the proceeds of unlawful activities to be forfeited under section 50 of POCA, and if so, on what basis.
2. Written submissions of no more than 20 pages must be lodged by—
(a) the applicant, on or before Monday, 18 March 2019; and (b) the respondent, on or before Tuesday, 2 April 2019.
3. Further directions may be issued.
MR KGWADI MAKGAKGA REGISTRAR
CONSTITUTIONAL COURT
TO: STATE ATTORNEY, JOHANNESBURG Attorneys for the Applicant
12th Floor, North State Buildings 95 Albertina Sisulu Street
JOHANNESBURG
Tel: 011 330 7600 / 011 330 7602 Fax: 011 333 4856
Email: [email protected] / [email protected] Ref: Mr Jeff Tagane/18/P14 (Trifecta)
AND TO: GARY BOTHA ATTORNEYS Attorneys for the First and Second Respondents 13 Knight Street
KIMBERLY Tel: 053 831 2684
Email: [email protected]
