KNYSNA NEWS - A unique bit of judicial history could be made in the Knysna Magistrate's Court in the next few weeks as, for the first time ever, the National Prosecuting Authority could see a taxi rank forfeited into its possession.
The situation is based on Section 25 of the Drugs and Drug Trafficking Act, which allows the NPA to seize any property upon which drug-related crimes and activities take place.
According to a cease and desist notice handed to Knysna Municipality in November, the court must declare any immovable property as forfeited to the state if the property "is found to have been or is being used for the purpose of or in connection with the commission of the offence of dealing in drugs".
Before any forfeiture can take place there must have been a criminal case, and in this instance a man was arrested and convicted in October 2022 for dealing in drugs on the premises of the Knysna taxi rank.
It means that in accordance with Section 25 of the Drugs and Drug Trafficking Act, the court must now determine whether or not the owner of the property should be allowed to continue to own said property.
In the same way, the court must automatically determine if a driver should be allowed to keep their driver's licence if they are convicted of driving under the influence of alcohol. The same principles apply.
As the Knysna taxi rank is located on land owned by the Knysna Municipality, the court now needs to determine, based on the facts and evidence presented in the criminal case as well as several others, whether or not to seize and forfeit ownership and administration of the taxi rank from the municipality to the NPA.
Should this come to fruition it would be the first time that a property has been forfeited to the NPA following a criminal case, and the first time that the NPA would have to effectively 'run' a taxi rank.
The matter is scheduled to appear in the Knysna Magistrate's Court on Tuesday 21 February, a day that could become a landmark day in the town of Knysna and the South African judicial system.
It would also be the end of a very long road and countless concerted efforts by the police to clamp down on drug-related activities at the Knysna taxi rank.
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