Mahomed Shabeer Osman

order in the Gazette, apply for an order under Section 54 of the POCA excluding his or her interest in the property, or
varying the operation of the order in respect of the property.
          4.If you are a person referred to in paragraph 3, you are advised to obtain legal advice on whether your interest
can be protected and, if so, on how to protect it.
          5.Whenever it is necessary to 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:
          The State Attorney: MS Pete, 8th Floor, Metropolitan Life Building, 391 Anton Lembede Street, Durban.
Contact details: Tel: (031) 365 2500, Fax: (031) 306 2448 and Ref: 119/3870/20/T/P12.
                                                    ----------oo0oo----------
                                                                                                        Case No: D1685/2022
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                         (KwaZulu - Natal Local Division, DURBAN)
                     DURBAN, 2022-02-22, BEFORE THE HONOURABLE JUSTICE HENRIQUES
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Section No. 63 as shown and more fully described on Sectional Plan No. SS708/2006 in the scheme
known as ILALA Held under Deed of Transfer No. ST000040760/2013 (also known as 63 Ilala, 3 Sicklebush
Lane, Simbithi Estate, Ballito)
         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 (Kwazulu-Natal Division, Durban) on 22 February 2022 in case number D1685/2022 in relation to an
immovable property described in Annexure “A” (a copy of which can be obtained from the person motioned in par 9
hereunder).
         This notice is addressed to Mahomed Shabeer Osman 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.
         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.

         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 21 days notice in other
            instances to the applicant, after 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

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18  No. 46448                            GOVERNMENT GAZETTE, 13 May 2022