The first to seventh appellants were convicted in the Northern Cape Division of the High Court on charges of corruption and money laundering. Following their convictions, the High Court conducted an enquiry under section 18 of the Prevention of Organised Crime Act 121 of 1998 (POCA) and granted a confiscation order against all appellants, jointly and severally, in an aggregate amount of approximately R59.8 million. The confiscation amounts were based on a settlement agreement concluded between the parties during the POCA enquiry. The appellants intended to apply for leave to appeal against the confiscation order but failed to file the application timeously, only doing so about ten months later. They applied for condonation for the late filing, alleging a misunderstanding and administrative failures by their attorneys. The High Court dismissed both the condonation application and the application for leave to appeal. The appellants then approached the Supreme Court of Appeal.
The application for condonation of the late filing of the application for leave to appeal was dismissed, and the application for leave to appeal was struck off the roll.
The case reaffirms the strict approach of South African appellate courts to condonation applications, emphasising that a full, reasonable explanation and prospects of success are essential. It also confirms principles governing confiscation orders under section 18 of POCA and underscores that settlement agreements concluded during confiscation enquiries will be enforced according to their clear wording, particularly where joint and several liability is expressly agreed.