The NDPP has successfully appealed a KZN High Court (Durban) decision at the SCA to forfeit R46 120 seized from taxi owner Sithembiso Gcaba.

The seizure occurred after police observed Gcaba engaged in suspicious and unlawful activity near an ATM at a petrol service station in March 2021.

Upon searching him, officers discovered 69 orange Social Security Agency (Sassa) cards, along with a black bag containing additional Sassa cards and R7 640 in cash.

IoL reports that an additional R39 800 was recovered from his vehicle. In total, the police seized R46 120.

Gcaba's failure to provide a satisfactory explanation for the cards and money resulted in his arrest and a subsequent charge of 69 counts of fraud. He was later released on R5 000 bail.

Police investigations revealed that the cards originated in Bloemfontein and were destined for various Sassa offices in KZN.

Acting SCA Judge Robert Henney, ruled in favour of the NDPP, stating: ‘The evidence establishes on a balance of probabilities that the R46 120 is the proceeds of crime and that Gcaba can hardly make any lawful claim to it. Despite being served with relevant papers, including the preservation order and the forfeiture application, and having had 14 days to respond, Gcaba did not oppose the relief sought.’

He ordered that the forfeited money be deposited into the Criminal Asset Recovery Account at the Reserve Bank.

He also ordered the State Attorney to publish a notice of the forfeiture order in the Government Gazette: ‘The applicant is directed to deliver a copy of this order by hand, or through email to the Durban Central police station commander and the SAP13 Exhibit Clerk at Durban Central police station.’

He further ordered that Gcaba be served with a copy of the SCA judgment within 20 days.

Full IoL report

Judgment