Synopsis:
An application for leave to appeal seeking to set aside a decision of the Supreme Court of Appeal. The issue was whether sections 26(1) and 26(6) of the Prevention of Organised Crime Act 121 of 1998 (POCA) can be interpreted to mean that an accused (the defendant) can have access to property for his or her legal and living expenses that he or she has donated to a third party, and which has been restrained as an affected gift in terms of section 12 of POCA. The Court held that POCA creates a mechanism through which an unconvicted accused may access restrained property held by him for reasonable legal and living expenses. However, the statutory scheme does not permit that access be given to property held by a person other than the person against whom the restraint order has been made. Statutorily an affected gift remains property held by the person against whom the restraint order was made. It is not transferred to any other person. Hence, that person’s property, even when restrained as a donation by the defendant, is not available to the defendant for expenses.
The application for leave to appeal was dismissed.
Judgment: Cameron J (Unanimous)
