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Fraser V ABSA
''Fraser v ABSA Bank Limited'' is a decision of the Constitutional Court of South Africa with import for South African criminal procedure. It concerns the interpretation of chapter 5 of the Prevention of Organised Crime Act, 1998, dealing with the restraint and confiscation of property that constitutes the proceeds of crime. It was heard on 23 May 2006 and decided on 15 December 2006 with a unanimous judgment written by Justice Johann van der Westhuizen. Background Trent Gore Fraser was arrested in 2003 and charged with racketeering, money laundering and drug-related offences. In November 2004, the High Court of South Africa ordered a provisional restraint order against his property, placing it in the hands of a curator. This order was made in terms of section 26 of the Prevention of Organised Crime Act, 1998 (POCA), which authorised the High Court to issue a restraint order prohibiting a person who has or will be charged with an offence under POCA from dealing in any manner wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
