Singh v National Director of Public Prosecutions

The National Director of Public Prosecutions (NDPP) obtained an ex parte preservation order under s 38 of the Prevention of Organised Crime Act 121 of 1998 (POCA) over immovable property owned by Sheila Devi Singh in Berea, Durban. The property was let to a tenant who operated an unlicensed boarding establishment. Between 1996 and 2003, police conducted raids on the property, resulting in 36 arrests for drug-related offences and nine convictions for dealing in drugs. Drugs such as dagga, mandrax and cocaine were found on the premises. The NDPP alleged that the property was used as a haven and venue for drug dealing and was therefore an instrumentality of the offence of dealing in drugs. Singh sought rescission of the preservation order, arguing that the property was not an instrumentality of an offence.

The appeal was upheld with costs. The preservation order was set aside, and the NDPP was ordered to pay the costs of the application.

The case clarifies and reinforces the constitutional limits on asset forfeiture under POCA, particularly in relation to immovable property. It confirms that property is not an instrumentality merely because crimes occur there and that forfeiture requires a real, substantial and functional connection to the offence. The judgment strengthens protection against arbitrary deprivation of property under s 25 of the Constitution.