South Africa has issued its first freezing order against individuals and entities suspected of being involved in terrorism since the Protection of Constitutional Democracy Against Terrorist and Related Activities Act (POCDATARA) was amended in 2022.
The National Director of Public Prosecutions brought the ex parte application in terms of section 23 of POCDATARA in the High Court in Johannesburg.
Section 23 primarily deals with the freezing of terrorist-related property by an application to court for a freezing order.
The High Court issued the prohibition upon two individuals and two entities on 11 February. In the order, the court said there were reasonable grounds “to believe that they have committed, participated in or facilitated the commission of the offence of terrorism”, which is a specified offence as defined in POCDATARA.
The persons and entities identified in the court order are Abdirizak Mohamed Abdi Jimale; Bashir Abdi Hassan; Almisbaax (Pty) Ltd, previously known as Heeryo Trading Enterprise (Pty) Ltd, registered in South Africa; and Heeryo Trading Enterprise, registered in Somalia as an “unincorporated association”.
The Financial Intelligence Centre said accountable institutions and any affected persons must take note of the contents of the court order and immediately apply a “freeze” on the property of the designated persons held by them in terms of POCDATARA and immediately comply with terrorist property reporting requirements in terms of section 28A of the Financial Intelligence Centre Act.
whistle blower protection omitted ?