Sikedi Sakie Lukhele

Court order seizes property linked to crime · Published 2023-06-09 · What is a POCA?

Party
Sikedi Sakie Lukhele
Date
2023-05-11

Case

Case number
286/2023
Court
Eastern Cape Division Bhisho on 11 May 2023 in case number 286/2023 in relation to

Parties addressed

  • Sikedi Sakie Lukhele

Asset description

The credit balance, including interest, in Capitec Bank account number 1363 9003 48 which is the proceeds of unlawful activities

From the gazette

 In re: in relation to: The credit balance, including interest, in Capitec Bank account number 1363 9003 48 which is the
                                                 proceeds of unlawful activities
  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 Bhisho on 11 May 2023 in case number 286/2023 in relation to: The credit balance, including
 interest, in Capitec Bank account number 1363 9003 48 which is the proceeds of unlawful activities
 This notice is addressed to Sikedi Sakie Lukhele 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 9 Junie 2023                                        No. 48770   47

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
Asandasakasa@gmail.com or DNgwenya@justice.gov.za

                                                   ----------oo0oo----------
                                                                                                    Case No: 2022-045406

                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        (GAUTENG DIVISION, PRETORIA)
           PRETORIA, 2022-11-11, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT

Source