NTOKOZO ZUNGU

Court order seizes property linked to crime · Published 2023-04-28 · What is a POCA?

Party
NTOKOZO ZUNGU

Case

Case number
829/2023

Parties addressed

  • NTOKOZO ZUNGU

From the gazette

                                     NATIONAL / NASIONAAL
                                                                                                        Case No: 829/2023
                                                                                                                 829/2023
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                            (Eastern Cape Division, Gqeberha)
                           Gqeberha, 2023-03-28, Before the Honorable Mister Justice Potgieter J
                 In the ex parte application of: The National Director of Public Prosecutions, Applicant
       In re: A white Toyota Corolla motor vehicle with registration number: HNY 643 EC and cash amounting to
          R20 000 (the cash) seized on 27 November 2022 under New Brighton CAS 248/11/2022 (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 Division, Gqeberha) under case number 829/2023 in re : A white Toyota Corolla motor
  vehicle with registration number: HNY 643 EC and cash amounting to R20 000 (the cash) seized on 27 November 2022
  under New Brighton CAS 248/11/2022 (the property) ( a copy of which can be obtained from the person mentioned in
  par 9 hereunder)

            This notice is addressed to NTOKOZO ZUNGU 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:
                   STATE ATTORNEY GQEBERHA
            29 Western Road, Central, Gqeberha, Tel: 041 585 7921, WaErasmus@justice.gov.za
                                                     ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
 14  No. 48543                         GOVERNMENT GAZETTE, 28 April 2023

Source