The Asset Forfeiture Unit has secured a preservation order over funds linked to an alleged illegal streaming service that distributed MultiChoice content without authorisation.
The National Prosecuting Authority’s Asset Forfeiture Unit has obtained a court order freezing more than R6.2 million allegedly earned through an illegal live-streaming operation in the Eastern Cape.
The Eastern Cape Division of the High Court, sitting in Gqeberha, granted the preservation order on 4 August against Damian Grundlingh, a resident of Despatch, in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998.
According to evidence presented to court, Grundlingh has allegedly been operating an illegal live-streaming service since at least October 2024 by unlawfully accessing and distributing copyrighted MultiChoice content without authorisation.
How the alleged scheme worked
The AFU, represented by Senior State Advocate Warren-Mark Myburgh, argued that the funds constitute proceeds of unlawful activities, including alleged fraud and cybercrime.
It is alleged that Grundlingh pirated protected MultiChoice content and resold access to customers by providing access codes. Customers allegedly paid a monthly subscription fee of around R160 in exchange for access to the illicit streaming service.
Between January 2025 and April 2026, approximately 104 667 MultiChoice-related transactions were identified involving Grundlingh and his customers.
No arrest yet as investigation continues
At this stage, Grundlingh has neither been arrested nor charged, as the criminal investigation remains ongoing. He 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 in the absence of an arrest. This is permitted under the Prevention of Organised Crime Act, which allows the National Director of Public Prosecutions to approach the High Court for the preservation of property suspected to be proceeds of unlawful activities, even where criminal charges have not yet been instituted.
Targeting the proceeds of crime
Eastern Cape Acting Director of Public Prosecutions Advocate Samkelo Mtwana welcomed the preservation order, describing it as an example of the effective use of the asset forfeiture regime to target financial gains derived from unlawful activities.
“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,” said Mtwana.
The preservation order and supporting application will now be served on Grundlingh. Should he choose not to oppose the proceedings, the National Director of Public Prosecutions may, within 90 days of the publication of the preservation order in the Government Gazette, apply to the High Court for a forfeiture order.
If granted, the forfeiture order will result in the preserved funds being paid into the Criminal Assets Recovery Account, which supports law-enforcement initiatives and efforts to combat crime.
The successful preservation proceedings resulted from collaborative efforts of the NPA’s Specialised Commercial Crime Unit, the Directorate for Priority Crime Investigation (Hawks), the Financial Intelligence Centre, and investigators from MultiChoice.
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