dc.contributor.author |
Ngidi, Karabo
|
|
dc.date.accessioned |
2014-02-13T06:24:32Z |
|
dc.date.available |
2014-02-13T06:24:32Z |
|
dc.date.issued |
2013-09 |
|
dc.description.abstract |
The Constitutional Court recently confirmed an order for the forfeiture of a house from which an
unlawful shebeen had been run for years (Van der Burg and Another v National Director of Public
Prosecutions).1 In deciding whether to confirm the order of the full bench of the High Court, Justice van
der Westhuizen, writing for a unanimous court, addressed the following questions: whether the house was
an instrumentality of an offence; whether the illegal sale of alcohol is an organised crime; the
proportionality of the crime to the forfeiture under the Prevention of Organised Crime Act 121 of 1998
(the POCA); as well as the impact of the forfeiture on the rights of the children that lived in the house.
This judgment comes at a time where issues such as the proposal for the reduction of the legal limit of
alcohol for drivers to 0%2 are topical, and seems to point to a tougher stance towards the sale and
consumption of alcohol in South Africa. The judgment may therefore be seen as a warning that the illegal
sale of alcohol and running of a shebeen will no longer be seen as business as usual in cases where the
seller does not heed the call to desist such business. |
en_US |
dc.description.librarian |
am2014 |
en_US |
dc.description.uri |
http://www.issafrica.org/sacq.php |
en_US |
dc.identifier.citation |
Ngidi, K 2013, 'Illegal sales of alcohol and asset forfeiture', South African Crime Quarterly, no. 45, pp. 33-40. |
en_US |
dc.identifier.issn |
1991-3877 |
|
dc.identifier.uri |
http://hdl.handle.net/2263/33411 |
|
dc.language.iso |
en |
en_US |
dc.publisher |
Institute for Security Studies |
en_US |
dc.rights |
© 2013, Institute for Security Studies |
en_US |
dc.subject |
Illegal sales |
en_US |
dc.subject |
Alcohol |
en_US |
dc.subject |
Asset forfeiture |
en_US |
dc.subject |
Constitutional court |
en_US |
dc.subject |
South Africa |
en_US |
dc.title |
Illegal sales of alcohol and asset forfeiture |
en_US |
dc.type |
Article |
en_US |