The National Director of Public Prosecutions v Moyane

The National Director of Public Prosecutions (NDPP) sought forfeiture, under the Prevention of Organised Crime Act 121 of 1998 (POCA), of a 2010 Volkswagen Scirocco allegedly acquired by Timothy Frans Moyane using the proceeds of unlawful activities, specifically money laundering. The vehicle was purchased in March 2010 for R538 320, largely through payments made directly to the dealership by various third parties and cash deposits that Moyane claimed came from loans or business income. Moyane failed to produce documentary proof for these explanations, and some explanations were shown to be false. Within three months of purchase, Moyane transferred the vehicle for no consideration to Albert Mathews Sithole, an unemployed and disabled person who did not use the vehicle. The NDPP obtained a preservation order and later a forfeiture order in the High Court. On appeal, a full court set aside the forfeiture, finding that disputes of fact existed. The NDPP appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the full court of the Gauteng Division, Pretoria, was set aside and replaced with an order declaring the vehicle forfeit to the State under s 50 of POCA, authorising its vesting in the State and disposal through the Criminal Asset Recovery Account.

The case clarifies the evidentiary burden on respondents opposing civil forfeiture under POCA and reinforces a robust application of the Plascon-Evans rule. It affirms that bald denials and unsupported explanations will not suffice to create disputes of fact in forfeiture proceedings, strengthening the effectiveness of South Africa’s asset forfeiture regime against money laundering.