Letter penned by H3 Legal to SA Govt depts and reprensentatives
Dear Honourable Minister, Committee Members, and Senior Officials,
Please find attached a Public Advocacy Letter issued by H3 Legal Solutions (Pty) Ltd, dated 10 November 2025, titled:
“The Upington Cannabis Forfeiture Case and the Normalisation of State Overreach.”
This correspondence highlights serious constitutional and procedural concerns arising from the conviction and property forfeiture of Ms. Lucia Louw of Upington, following a R300 undercover cannabis transaction.
The case exemplifies a disproportionate use of State power, where property forfeiture under the Prevention of Organised Crime Act (POCA) was applied in a manner inconsistent with constitutional principles of fairness, proportionality, and lawful administrative conduct, as affirmed in NDPP v Prophet (2006) and Mohunram v NDPP (2007).
The letter urges immediate review and intervention to ensure:
- Suspension of residential property forfeiture in minor or low-value drug cases;
- Transparency regarding SAPS entrapment authorisations and DPP approvals;
- A national proportionality directive to prevent punitive excess during the cannabis regulatory transition; and
- Parliamentary oversight into the incentive structures driving asset seizures.
This submission is made in good faith and in the interest of constitutional accountability, human rights protection, and lawful justice reform.
We respectfully request acknowledgment of receipt and guidance on whether this matter will be tabled for review or referred to the relevant oversight committee.
Thank you for your attention to this urgent constitutional concern.
