Janse van Rensburg v National Director of Public Prosecutions

The National Director of Public Prosecutions (NDPP) obtained a restraint order under s 26 of the Prevention of Organised Crime Act 121 of 1998 (POCA) against the appellants, based on an investigation into alleged fraud and theft relating to public tenders issued by the Gauteng Department of Education. The NDPP alleged that the first to fourth appellants used close corporations ostensibly owned or controlled by historically disadvantaged individuals to secure tenders, while in reality exercising control over the entities and benefitting from the proceeds. The restraint order covered realisable property to the value of approximately R19 million. The appellants appealed, contending that the NDPP failed to allege facts establishing reasonable grounds to believe that they would be convicted of fraud or theft or that a confiscation order might follow.

The appeal was upheld with costs. The restraint order granted by the High Court was set aside, the rule nisi was discharged, and the NDPP’s application was dismissed with costs.

The case is significant for clarifying the evidentiary and pleading requirements for restraint orders under POCA. It underscores that even at a preliminary stage, the NDPP must allege concrete facts demonstrating reasonable grounds for a future conviction and confiscation order, and cannot rely on unparticularised conclusions or unidentified annexures.