ALI CHININSO KINGSLEY, ANONCHIRI KINGSLEY and all other persons who
Court order seizes property linked to crime · Published 2023-06-09 · What is a POCA?
- Party
- ALI CHININSO KINGSLEY, ANONCHIRI KINGSLEY and all other persons who
Case
- Case number
- 1514/2023
Parties addressed
- ALI CHININSO KINGSLEY, ANONCHIRI KINGSLEY and all other persons who
From the gazette
In re: R12 430 in cash seized on 24 April 2023 and held by SAPS under Uitenhage CAS 455/04/2023 and
SAP 13/665/2023 (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 1514/2023 in re : R12 430 in cash seized on 24
April 2023 and held by SAPS under Uitenhage CAS 455/04/2023 and SAP13/665/2023 (the property) ( a copy of which
can be obtained from the person mentioned in par 9 hereunder)
This notice is addressed to ALI CHININSO KINGSLEY, ANONCHIRI KINGSLEY 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
This gazette is also available free online at www.gpwonline.co.za
38 No. 48770 GOVERNMENT GAZETTE, 9 June 2023