AFU wins R6.2m forfeiture order in alleged MultiChoice piracy case - TimesLIVE
The Asset Forfeiture Unit (AFU) has obtained a forfeiture order from the high court in Gqeberha in respect of R6.2m held in a bank account belonging to Damian Grundlingh, who is allegedly involved in the unlawful distribution of copyrighted MultiChoice content.
The forfeiture order was granted in terms of the Prevention of Organised Crime Act (Poca) and followed a preservation order obtained on August 4.
“The preservation order was served on Grundlingh, a resident of Despatch near Gqeberha, and was not opposed,” National Prosecuting Authority spokesperson Luxolo Tyali said on Tuesday.
He said the AFU, represented by senior state advocate Warren-Mark Myburgh, argued that the funds constituted proceeds of unlawful activities.
“According to evidence presented to the court, Grundlingh allegedly operated an illegal live-streaming service from at least October 2024 by unlawfully accessing and distributing copyrighted MultiChoice content without authorisation.”
It is alleged that protected MultiChoice content was pirated and access was subsequently resold to customers through access codes.
“Customers allegedly paid a monthly subscription fee of approximately R160 to access the illicit streaming service. Between January 2025 and April 2026, approximately 104,667 MultiChoice-related transactions involving Grundlingh and customers were identified,” Tyali said.
Tyali said Grundlingh has not been arrested or charged and the criminal investigation remains ongoing.
“He is being investigated for possible contraventions of the Cybercrimes Act and the Copyright Act.”
Tyali said the preservation and forfeiture proceedings were instituted without an arrest having been made.
“Poca provides for non-conviction-based asset forfeiture proceedings, enabling the national director of public prosecutions to approach the high court for the preservation and forfeiture of property alleged to constitute proceeds of unlawful activities, independently of criminal prosecution and conviction.”
Eastern Cape director of public prosecutions Samkelo Mtwana welcomed the forfeiture order as an example of the effective use of the asset forfeiture regime to target financial gains allegedly derived from unlawful activities.
“The forfeiture 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,” Mtwana said.
Tyali said the successful proceedings resulted from collaborative efforts involving the NPA’s specialised commercial crime unit, the Hawks, the Financial Intelligence Centre and investigators from MultiChoice.
