Synopsis:
Application for leave to appeal against the High Court’s decision to grant forfeiture of the applicants’ property in terms of section 50(1) of the Prevention of Organised Crime Act 121 of 1998. Section 50(1) provides for forfeiture of the property used for the commission of an offence to the state. The offence was selling liquor in contravention of section 154(1) of the Liquor Act 27 of 1989. The Court held that given the patent and ongoing harm, directly caused by the shebeen (unlicensed liquor outlet) run from the applicant’s property, the forfeiture of the property was proportionate. It further found the applicants’ children appeared to be living in a harmful and disruptive environment. The NDPP was ordered to engage a social worker as contemplated by section 47(1) read with section 155(2) of the Children’s Act 38 of 2005 to undertake an investigation to determine whether the applicant’s children were in need of care and protection. The applicants’ appeal was dismissed and the forfeiture order confirmed. Judgment: Van der Westhuizen (unanimous).
