CCT95/10

[2011] ZACC 26

2011 (11) BCLR 1134 (CC)

2012 (1) SACR 265 (CC)

Van der Westhuizen J

8 March 2011

16 August 2011

http://hdl.handle.net/20.500.12144/3633

Application for leave to appeal against a judgment of the SCA: Falk and Another v National Director of Public Prosecutions, Supreme Court of Appeal, Case No 689/09, 23 September 2010, as yet unreported. See also earlier judgment: Falk and Another v National Director of Public Prosecutions, Western Cape High Court, Cape Town, Case No 8420/03, 10 July 2009, unreported.

An application for leave to appeal seeking to set aside a judgment of the Supreme Court of Appeal on the effect of a foreign restraint order. The issue was which statute –the Prevention of Organized Crime Act (POCA) or the International Co-Operation in Criminal Matters Act (ICCMA) – applied to the setting aside of ancillary orders made pursuant to a registered foreign restraint order and to the registration of the foreign restraint order. The Court held, differing in approach from the Supreme Court of Appeal, that only ICCMA is applicable to the setting aside of the registration of a foreign restraint order. The registration can be set aside under the grounds listed in section 26 of ICCMA. Ancillary orders made pursuant to the registration of a foreign restraint order under POCA can be set aside under section 26 of POCA. In this matter, a case was not made out for setting aside the registration of the foreign restraint order under ICCMA or for setting aside the ancillary orders made under POCA. Leave to appeal was granted but the application was dismissed. Judgment: van der Westhuizen J (unanimous)