Synopsis:
Application for confirmation of a declaration of invalidity made by the KwaZulu-Natal High Court, declaring section 2(1)(a)(ii), (b)(ii), (c)(ii), and (f) of the Prevention of Organised Crime Act 121 of 1998 (POCA) unconstitutional. The Court held that the definition of “pattern of racketeering activity” in POCA was clear and thus not void for vagueness. The Court held further that a trial is not rendered automatically unfair purely because of the admission of evidence that is ordinarily inadmissible. This is a matter best left to be determined by the trial court based on the material before it. The Court held that does not breach the rule against retrospectivity. The Court declined to confirm the declaration of invalidity made by the High Court.
Judgment: Madlanga J (unanimous).
