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The applicant, James Hatuikulipi, is facing charges under the Prevention of Organised Crime Act 29 of 2004 (POCA) and is awaiting trial. A restraint order was issued against him in terms of sections 24(1)(a) and 25(2) of POCA which permits the court to issue a restraint order against a defendant who is being prosecuted if there are reasonable grounds to believe that a confiscation order might be made in the future.

The core issue at hand revolved around the constitutionality of the aforementioned sections of POCA. The applicant contended that the 'reasonable grounds' test in . . .

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