National Director of Public Prosecutions v Venter and Another

The National Director of Public Prosecutions (NDPP) obtained an ex parte preservation order under section 38 of the Prevention of Organised Crime Act 121 of 1998 (POCA) in respect of immovable property owned by Tyrell Blythe Venter and Innocenchia Laudechia Venter. The NDPP alleged that the property, situated at 37 Sixth Avenue, Florida, Gauteng, was used by tenants as a base for dealing in drugs, specifically cannabis, a Schedule 1 offence under POCA. Police surveillance, confidential informants, a controlled undercover purchase, and multiple arrests linked to the property between 2022 and 2023 supported the allegation. The respondents were warned by police about the illegal activities but contended that they relied on tenants’ assurances, threatened eviction, and denied that the property was an instrumentality of crime. They applied for reconsideration and discharge of the preservation order.

The application for reconsideration and discharge of the preservation order was dismissed. The preservation order granted on 18 April 2024 was confirmed, and costs were ordered to be costs in the forfeiture application.

The case reaffirms the low threshold applicable to preservation orders under Chapter 6 of POCA, the permissibility and necessity of ex parte procedures, and the principle that such proceedings are directed against the property itself rather than the owner. It clarifies that owner innocence is relevant only at the forfeiture stage and not a bar to interim preservation.