Notice
Court order seizes property linked to crime · Published 2022-04-14 · What is a POCA?
Case
- Case number
- 858/22
From the gazette
ANNEXURE A
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South
Africa (Eastern Cape Local Division, Port Elizabeth) under case number 858/22 in re : R354 000 in cash seized
under Mount Road CAS 295/07/2021 and Mount Road CAS 342/07/2021, currently held in the SAPS's ABSA
Suspense Account (the property)( a copy of which can be obtained from the person mentioned in par 9 hereunder)
This notice is addressed to all persons who may have an interest in the property described above.
Take notice that:
1. If you have an interest in the property, you should understand that it is now at risk. You are advised to obtain
legal advice on whether your interest can be protected and, if so, on how to protect it.
2. You are notified that the National Director will, within 90 days of publication of this notice, apply to the High
Court under section 48 of the POCA for a forfeiture order. The preservation order will remain in force until the
application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
3. If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding your
interest from a forfeiture order in respect of the property, you must enter an appearance in terms of the order. The
requirements for such an appearance are set out in the order and are also dealt with in sections 39(3), (4) and (5)
of the POCA. An appearance must comply with these requirements.
4. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 3 above.
5. If you enter an appearance in terms of the order you will be entitled to be given 14 days notice of the application
by the applicant for a forfeiture order in respect of the property.
6. If you fail to enter an appearance in terms of the order or to comply with the above requirements, you will not
be given notice of the application for a forfeiture order and you will not be entitled to appear at the hearing of the
application. In such a case, the court may grant a default order forfeiting the property to the state under section 53
of the POCA.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 14 April 2022 No. 46239 23
7. You may, on good cause shown (including the non-availability of any other suitable remedy to protect your
legitimate rights or interests), on 3 days notice in urgent instances and at least 7 days notice in other instances to
the applicant, and within 8 days of becoming aware of the order, apply for reconsideration of the order.
8. You are specifically advised that even if you intend to apply for reconsideration of the preservation order in this
case, you must, in addition, comply with paragraphs 4 and 5 above if you intend to oppose the forfeiture application
at a later date. Failure to do so can result in a forfeiture order being granted against the property by default and
without further notice to you.
9. Whenever this order states that you must deliver or serve any notice, affidavit or other process document on
the applicant, you must deliver or serve them on the applicant at the following address:
STATE ATTORNEY PORT ELIZABETH, 29 Western Road, Central, Port Elizabeth, Tel: 041 585 7921,
WaErasmus@justice.gov.za
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127, waerasmus@justice.gov.za, 0415857921.
Date Submitted: 2022-04-01.
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Case No. 859/2022
P/H of Docex No. 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
Eastern Cape Local Division, Gqeberha
Gqeberha, 2022-03-29, Before the Honorable Mister Justice Goosen
In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
R27 000 in cash seized on 13 February 2022 and held by SAPS in SAPS's ABSA Suspense Account
under Kwa-Zakhele CAS 123/02/2022 and SAP 13/179/2022(the property)
ANNEXURE A
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South
Africa (Eastern Cape Local Division, Port Elizabeth) under case number 859/22 in re : R27 000 in cash seized on
13 February 2022 and held by SAPS in SAPS's ABSA Suspense Account under Kwa-Zakhele CAS 123/02/2022
and SAP 13/179/2022(the property)( a copy of which can be obtained from the person mentioned in par 9
hereunder)
This notice is addressed to LUYANDA MZOMBA and all persons who may have an interest in the property
described above.
Take notice that:
1. If you have an interest in the property, you should understand that it is now at risk. You are advised to obtain
legal advice on whether your interest can be protected and, if so, on how to protect it.
2. You are notified that the National Director will, within 90 days of publication of this notice, apply to the High
Court under section 48 of the POCA for a forfeiture order. The preservation order will remain in force until the
application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
3. If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding your
interest from a forfeiture order in respect of the property, you must enter an appearance in terms of the order. The
requirements for such an appearance are set out in the order and are also dealt with in sections 39(3), (4) and (5)
of the POCA. An appearance must comply with these requirements.
4. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 3 above.