Case Review: Forfeiture of illegal gambling premises owned by a closed corporation: National Director of Public Prosecutions v Mohunram 2006 (1) SACR 554 (SCA)

• Jurisdiction: South Africa
• Citation: (2007) 20 SACJ 60
• Author: Marita Carnelly
• Published date: 24 May 2019
• Date: 24 May 2019
• Pages: 60-67

Case Reviews

Forfeiture of illegal gambling

premises owned by a closed

corporation:

National Director of

Public Prosecutions v Mohunram

2006 (1) SACR 554 (SCA)

MARITA CARNELLY

University of KwaZulu-Natal

1 Introduction

Mohunram became the sole member of Shelgate Investments CC (Shel-

gate) which owned a sectional title unit in Vryheid. The unit was used in

part as an unlicensed and illegal casino. From these premises Mohunram

operated 57 gambling machines without a licence in contravention of

s 44 of the KwaZulu-Natal Gambling Act 10 of 1996 (hereafter the ‘Kwa-

Zulu-Natal Gambling Act’). In terms of subsec 3(3)(a) of Act 10 of 1996

the owner of a building may not allow another person to conduct any

gambling activities therein or thereon unless that person is duly licensed.

The word ‘casino’ is defined in s 1 as ‘any premises upon which . . .

gaming machines may be played’ (paras [1]–[3]).

Mohunram personally paid an admission of guilt fine of R88,500 in

respect of the illegal casino and forfeited a further R2,102.10 in cash that

was found on the premises during the police raid. His gambling

machines, worth R285,000, were also seized and forfeited in terms of

s 94(4) of the Act (para [6]).

An application was brought in terms of subsec 50(1)(a) of the Preven-

tion of Organised Crime Act 121 of 1998 (hereafter the ‘Prevention of

Organised Crime Act’) for the forfeiture of the immovable property,

which was argued to have been ‘an instrumentality of an offence’

referred to in Schedule 1. ‘An instrumentality of an offence’ is defined as

any property which ‘is concerned in the commission of the offence’.

Schedule 1 lists inter alia ‘any offence under any legislation dealing with

gambling, gaming and lotteries’, the said legislation obviously including

the KwaZulu-Natal Gambling Act (para [1]).

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(2007) 20 SACJ 60

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