THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS AND A L PHILLIPS AND OTHERS

From : The Registrar, Supreme Court of Appeal

Please note that the media summary is for the benefit of the media and does not form part of the judgment of the Supreme Court of Appeal

The Supreme Court of Appeal has set aside a judgment of the High Court, Johannesburg, which rescinded a restraint order previously granted in terms of the Prevention of Crime Act against Mr Andrew Phillips and various companies and close corporations owned by him. The effect of the restraint order had been to restrain Phillips and his companies and close corporations from dealing with any property belonging to Phillips pending the conclusion of criminal proceedings against him in which he faces charges of keeping a brothel and unlawfully employing foreign women.

The SCA held that the grounds upon which a restraint order may be rescinded were limited to those specified in the Act and did not extend to those relied upon by Phillips.

It noted that there had been a ‘woeful lack of co-operation’ between Phillips and the curator bonis appointed to administer the property subject to the order. It held that the administrative difficulties relied upon by Phillips to justify the rescission of the order could easily have been resolved by allowing the curator bonis to let some of the properties involved so as to generate funds necessary to properly care for the properties and to pay rates and other imposts.