CCT66/05

[2006] ZACC 24

2007 (3) SA 484 (CC)

2007 (3) BCLR 219 (CC)

Van der Westhuizen J

23 May 2006

15 December 2006

http://hdl.handle.net/20.500.12144/34551

This matter was first heard in the Durban High Court and later on appeal in the Supreme Court of Appeal: Absa Bank Limited v Fraser and Another 2006 (2) SACR 158 (SCA). This is an appeal to the Constitutional Court against the judgment and order of the Supreme Court of Appeal.

Application concerning the discretion to be exercised by a court in applying s.26(6) of the Prevention of Organised Crime Act. It was held that in exercising the discretion to permit creditors to intervene in confiscation proceedings a Court must consider the 'accused's' fair trial rights and interest of the State in preserving the property and the property of creditors. Van der Westhuizen J wrote for the Court.