Dipuo Elizabeth Seleke
Court order seizes property linked to crime · Published 2022-05-20 · What is a POCA?
- Party
- Dipuo Elizabeth Seleke
- Date
- 2022-05-11
Case
- Court
- East London Circuit Local Division on 11 May 2022 in case number EL 724/2022 in re
Parties addressed
- Dipuo Elizabeth Seleke
Asset description
In re: Cash in the First National Bank Account 6293 380 10650 which is proceeds of unlawful activities .
From the gazette
Case No: EL 724/2022
043 706 5100
IN THE HIGH COURT OF SOUTH AFRICA
(EAST LONDON CIRCUIT LOCAL DIVISION)
EAST LONDON, 2022-05-11, BEFORE THE HONOURABLE JUSTICE LAING
In the matter between: The National Director of Public Prosecutions, Applicant
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
(East London Circuit Local Division on 11 May 2022 in case number EL 724/2022 in relation to: In re: Cash in the First
National Bank Account 6293 380 10650 which is proceeds of unlawful activities .
This notice is addressed to Dipuo Elizabeth Seleke 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 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:
The State Attorney
Ms Sakasa, 17 Fleet Street. East London - 043 706 5100 - ASakasa@npa.gov.za
----------oo0oo----------
Case No: 10478/22
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2022-03-03BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
In re: A Tag Heuer ladies’ wristwatch with serial number WPT14417, SKU serial number WAY131LFT6091 booked
into the SAP13/667/2020 at Makhado SAPS
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
The National Director of Public Prosecutions applied for and was granted a preservation of property order in terms of
section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (Gauteng
Division, Pretoria) on 3 March 2022 in case number 10478/22 in relation to: A Tag Heuer ladies' wristwatch with serial
number WPT14417, SKU serial number WAY131LFT6091 booked into the SAP13/667/2020 at Makhado SAPS
(a copy of the application and order 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 an 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;