Buziwe Mpangalala

Court order seizes property linked to crime · Published 2022-04-22 · What is a POCA?

Party
Buziwe Mpangalala
Date
2022-03-29

Case

Case number
172/2022

Parties addressed

  • Buziwe Mpangalala

Asset description

a R26 245 . 00 in cash the which is the proceeds of unlawful activities and was seized by the South African Police Services (SAPS ) on 28 February 2022 and is held under Mdantsane CAS number 302/08/2022 (a copy of which can be obtained from the person mentioned in para 9 hereunder.)

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 Divison , Bhisho ) on 29 March 2022 under case number 172/2022 in relation to a R26
245 . 00 in cash the which is the proceeds of unlawful activities and was seized by the South African Police
Services (SAPS ) on 28 February 2022 and is held under Mdantsane CAS number 302/08/2022 (a copy of which
can be obtained from the person mentioned in para 9 hereunder.)
This notice is addressed to Buziwe Mpangalala and all other 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.
2You 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.
3If 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.
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:

17 Fleet Street, East London,Tel: 043 706 5100, ASakasa@justice.gov.za

                             This gazette is also available free online at www.gpwonline.co.za
28  No. 46256                           GOVERNMENT GAZETTE, 22 April 2022

Source