Van der Burg and Another v National Director of Public Prosecutions (CCT 75/11) [2012] ZACC 12

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Published: 18 Jul 2012

Van der Burg and Another v National Director of Public Prosecutions (CCT 75/11) [2012] ZACC 12

Introduction

1. In this matter the constitutional imperative of law enforcement and combating crime,1 as given effect to in the forfeiture provisions of the Prevention of Organised Crime Act2 (POCA), must be balanced against the constitutional guarantee against the arbitrary deprivation of property.3 The best interests of children who may be affected by forfeiture, or by the criminal environment giving rise to it, must also be considered.