Intaka loses ConCourt appeal

2014-03-21 07:15
Dr. Gaston Savoi

Dr. Gaston Savoi

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - The Constitutional Court declined on Thursday to declare parts of the Prevention of Organised Crime Act invalid.

The matter relates to racketeering, fraud, corruption and money laundering charges faced by Intaka Holdings director and Uruguayan businessman Gaston Savoi, his company and Intaka industrial director Fernando Praderi.

The State alleges Intaka sold water purification plants to the KwaZulu-Natal health department at inflated prices.

Earlier, Savoi sought an order in the KwaZulu-Natal High Court to declare the definitions of "enterprise" and "pattern of racketeering activity", in a section of the Prevention of Organised Crime Act (POCA), as overbroad and void for vagueness.

He also wanted that section of the Act, which creates offences based on those definitions, be declared unconstitutional.

The KwaZulu-Natal High Court in Durban found that the disputed paragraphs were unconstitutional to the extent they contain the words "ought reasonably to have known".

Savoi, in an application to the Constitutional Court, want the Constitutional Court to confirm the order of constitutional invalidity.

In a unanimous judgment the Constitutional Court found the definition of "pattern of racketeering activity" was clear and thus was not void for vagueness.

The court held that while laws must be written in clear and accessible terms, this did not require perfect lucidity.

It said the acceptable standard was no higher than reasonable certainty.

The court held the impugned provisions meet this standard.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
Read more on:    constitutional court  |  gaston savoi  |  bloemfontein publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24


Rugby World Cup 2015

All the action from the 2015 RWC, including live coverage of all 48 matches, breaking news, fixtures, results, logs - and much more!


Rugby World Cup 2015

Boks take ‘no mercy’ approach
Burger to equal Bok RWC record
Japan victory attracts record TV figures
iPads the secret to Japanese RWC success
Traffic Alerts

Are you burning the candle at both ends? Listen to your body and your emotional reactions. Know when to slow down or stop. It is more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.