By Lebone Rodah Mosima
The National Prosecuting Authority’s (NPA) Asset Forfeiture Unit (AFU) has obtained a high court order preserving more than R6.2 million allegedly linked to an illegal live-streaming operation involving copyrighted MultiChoice content.
The Eastern Cape Division of the High Court, sitting in Gqeberha, granted the preservation order this week against funds held in the bank account of Damian Grundlingh, a resident of Despatch.
The order was obtained in terms of section 38 of the Prevention of Organised Crime Act (POCA).
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According to the NPA, the AFU, represented by Senior State Advocate Warren-Mark Myburgh, argued that the money constituted the proceeds of alleged unlawful activities, including fraud and cybercrime.
Evidence presented in support of the application alleges that Grundlingh had operated an unauthorised live-streaming service since at least October 2024 by accessing and distributing copyrighted MultiChoice content without permission.
The NPA alleges that Grundlingh pirated protected MultiChoice content and resold access to customers by supplying them with access codes.
Customers allegedly paid a monthly subscription fee of about R160 for access to the streaming service.
Investigators identified about 104,667 MultiChoice-related transactions involving Grundlingh and his customers between January 2025 and April 2026, according to the NPA.
Grundlingh is being investigated for possible contraventions of the Cybercrimes Act 19 of 2020 and the Copyright Act 98 of 1978.
The preservation order was obtained without prior notice to Grundlingh and before any arrest or criminal charge had been instituted.
POCA allows the National Director of Public Prosecutions to apply to the high court for an order preserving property where there are reasonable grounds to believe that it is the proceeds of unlawful activities or an instrumentality of an offence.
Proceedings relating to preservation and forfeiture orders under this part of POCA are civil rather than criminal and do not amount to a finding that the affected person committed an offence.
The preservation order and the application supporting it will now be served on Grundlingh, who may oppose subsequent forfeiture proceedings or apply for his interest in the money to be excluded.
Under POCA, a preservation order ordinarily expires 90 days after notice of the order is published in the Government Gazette. However, it remains in force when an application for a forfeiture order is pending before the High Court or an unsatisfied forfeiture order remains in effect.
The NDPP may apply for a forfeiture order while the preservation order is in force.
If the High Court grants a forfeiture order and it takes effect, the preserved money may be deposited into the Criminal Assets Recovery Account, which is used to fund allocations to law-enforcement agencies and organisations assisting victims of crime.
Eastern Cape Acting Director of Public Prosecutions Advocate Samkelo Mtwana welcomed the preservation order.
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“The preservation of these funds demonstrates that the NPA will not only pursue those suspected of engaging in unlawful activities but will also target the proceeds generated from such conduct.
“The alleged large-scale piracy operation highlights the significant financial impact that cyber-enabled and intellectual property-related offences can have. Through the AFU, we will continue to use every lawful means available to deprive suspected offenders of the benefits of their unlawful activities,” Mtwana said.
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