NPA wins Concourt appeal

2013-02-19 20:07
(Picture: Sapa)

(Picture: Sapa)

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

Johannesburg - The National Director of Public Prosecutions (NDPP) was correct in refusing to release the assets of suspected criminal Meir Elran, the Constitutional Court said on Tuesday.

The case focused on the controversial Prevention of Organised Crime Act, which allows the seizure of the assets of suspected criminals before cases have been concluded in court.

The subject of the order has to apply for living and legal expenses out of the frozen assets, and are granted the funds only if they have disclosed all their assets, and a court determines there is a need to do so.

In March 2006, the NDPP obtained a court order to seize Elran's property, because the items were thought to be the proceeds of "transitional" crime.

According to reports at the time, the Asset Forfeiture Unit seized his game farm, home, car and R3m.

Elran was alleged to be the mastermind behind an ecstasy syndicate and was fighting his extradition to the US.

His lawyers argued that the US-Israeli citizen would have difficulty proving his case if his assets were seized.

Elran approached the South Gauteng High Court in Johannesburg to force the unit to release the money so he could pay his legal fees.

The court ruled in his favour in 2009, when Judge Rose Rosenberg ordered that the money be paid into Elran's lawyers' bank accounts.

The NDPP approached the Supreme Court of Appeal, but was unsuccessful, and was refused leave to appeal.

It took the matter to the Constitutional Court, where it argued that Elran should not be given access to the frozen funds, as he had not sufficiently disclosed how he had been supporting himself since his property was seized in 2006.

He alleged that he had been living off charity, including a R60 000 loan from his mother, and that he had also not paid his bond.

In a statement, the court said: "In a judgement, the majority of the Constitutional Court concluded that the outcome reached by the high court and the full court was wrong.

"The majority held that the wording of section 44(2) is clear. It specifically creates two preconditions that must be fulfilled before a high court may grant living and legal expenses. The first precondition is need. The second precondition is disclosure.

"Where an applicant has failed to meet both of these requirements, a court does not have a power to grant an applicant expenses from preserved property.

"The majority held that by failing to disclose his liabilities, Mr Elran had not met those preconditions. In light of his non-disclosure, the Constitutional Court held that the high court had no discretion to make an order for his legal expenses in his favour."

The NPA welcomed the ruling.


Read more on:    npa  |  ndpp  |  johannesburg


Read News24’s Comments Policy 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
Add your comment
Comment 0 characters remaining

Inside News24

  • Monday Kuils River - 17:34 PM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit
  • Sunday Parow - 08:10 AM
    Road name: Mike Pienaar Boulevard
    WEEKENDS - ROAD CLOSED between Voortrekker Road and Tienie Meyer Drive due to roadworks (until end July)
More traffic reports...

Jobs in Cape Town [change area]

Jobs in Western Cape region

Creditors Clerk

Cape Town Northern Suburbs
R90 000 - R120 000 Per Year

Delphi Developer

Cape Winelands
GT Recruitment
R270 000 - R400 000 Per Year

Office Manager / Personal Assistant

Independent Clinical Oncology Network (ICON)

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nintendo Wii Console

Featuring a remarkable wireless controller experience, the Nintendo Wii console...

From R2999.00

I'm shopping for:


Something may come up to alert you of your security needs. It may be that you need to create a better structure for your 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.