Mngomezulu v National Director of Public Prosecutions

The first appellant, Ngengemezi Zaccheus Mngomezulu, was charged with dealing in drugs under the Drugs and Drug Trafficking Act 140 of 1992. Following the institution of criminal proceedings, the National Director of Public Prosecutions obtained an ex parte provisional restraint order under section 26 of the Prevention of Organised Crime Act 121 of 1998 (POCA) against the appellants, restraining a wide range of movable and immovable property regarded as realisable property. A curator bonis was appointed under section 28 of POCA to administer the restrained assets. The restraint order authorised the curator, inter alia, to pay expenses related to the restrained assets and, if necessary, to sell assets under restraint to properly administer the estate. The appellants opposed the confirmation of the restraint order, contending that certain clauses unlawfully empowered the curator bonis to alienate restrained property. The Witwatersrand Local Division confirmed the provisional restraint order, and the appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The confirmation of the provisional restraint order and the powers conferred on the curator bonis were upheld.

The case is significant for clarifying the scope of a curator bonis’s powers under section 28 of POCA. It authoritatively confirms that a curator may be empowered to alienate restrained property prior to confiscation where necessary for proper administration and preservation of value. The judgment provides important guidance on the interpretation of POCA and balances asset preservation with practical estate administration in restraint proceedings.