Court Code

Practice and Procedure - Prevention of Organised Crime Act 29 of 2004 - forfeiture in terms of s 59(2) read with s 61 of POCA - whether property preservation application and forfeiture application are two distinct procedures - whether the appellant had to invoke rule 65(1) of the High Court Rules

Held that property forfeiture proceedings in the context of the application of rule 65 of the High Court rules manifest in a single, but two-stage procedure constituted first by the process that preserves the property, followed by the process forfeiting it to the State.

Communal Land Reform Act 5 of 2002 - eviction order from land recognised under s28 customary land rights - the plain meaning of s 43 does not give the Chief, Traditional Authority or the Land Board the sole right to evict persons from land not allocated to them.