Notice

                                                                                                         Case No. 57721//2021
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                                GAUTENG DIVISION, PRETORIA
           PRETORIA, 2021-12-02, BEFORE THE HONOURABLE JUSTICE Van Veenendaal, IN CHAMBERS
  In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT, A cash
  amount of R80 362.32 ( eighty thousand and three hundred and sixty two rand and thirty cents) seized by the
  Police on 08 April 2021 and booked in, in terms of SAP 13/ 1067/ 2021 and occurrance book number 410/2021
    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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (Gauteng
  Division, Pretoria) on 02 December 2021 in case number 57721/2021 in relation to:
  A cash amount of R80 362. 30 ( eighty thousand three hundred and sixty two rand and thirty cents) seized by the police
  on 08 April 2021 and booked in, in terms of SAP 13/ 1067/ 2021 and occurrence book number 410/2021.
  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
  This notice is addressed to (1.) AGWUAGWU INNOCENT AGU, whose last known address is 969 Oudtshoorn Street,
  Wingate Park, Pretoria East, Gauteng Province and 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;
  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 Act. An
  appearance must comply with these requirements and must be delivered to the office of the State Attorney at the
  address mentioned in paragraph 9, below.
  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 Act;
  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 addresses:
  THE STATE ATTORNEY:Mr V Mulaudzi, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are
  as follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. Email:
  VuMulaudzi@justice.gov.za and
  Clay Sibiya at the VGM Building, 123 Westlake Ave ,Weavind Park, Silverton. His contact details are as follows Tel:
  012 845 6368. Email: ClSibiya@npa.gov.za
  National Prosecuting Authority ( Order no: 026400), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
  ClSibiya@npa.gov.za, 0128456368.
  Date Submitted: 2022-06-24.
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24  No. 46627                           GOVERNMENT GAZETTE, 1 July 2022