Falk v National Director of Public Prosecutions

Alexander Gerhard Falk was arrested and prosecuted in Germany on charges including fraud-related offences. A German court issued a foreign restraint order attaching Falk’s assets to secure possible forfeiture. At the request of German authorities, the order was registered in the Western Cape High Court under s 24 of the International Co-operation in Criminal Matters Act 75 of 1996 (ICCMA). The NDPP also obtained ancillary interdicts under s 26(8) of the Prevention of Organised Crime Act 121 of 1998 (POCA) against Falk and his wholly owned company, Falk Real Estate SA (Pty) Ltd, to prevent dissipation of assets. Although Falk was later convicted in Germany, the trial court refused to grant a forfeiture order, and appeals were noted by both sides in Germany. Falk and his company applied to set aside the registration of the foreign restraint order and the ancillary interdicts, which application was dismissed by the High Court, leading to this appeal.

The appeal was dismissed with costs, including the costs of two counsel and the costs arising from applications to adduce further evidence on appeal.

The case clarifies the relationship between the ICCMA and POCA, confirming that foreign restraint orders registered in South Africa remain governed primarily by the ICCMA. It delineates the limited powers of South African courts in relation to foreign criminal orders and affirms South Africa’s obligations in international criminal cooperation, particularly in asset restraint and forfeiture matters.