Lizo Pama

Court order seizes property linked to crime · Published 2023-08-11 · What is a POCA?

Party
Lizo Pama
ID / Reg no
WVWZZZ3BZYP229126

Case

Parties addressed

  • Lizo Pama

Identifiers

VINs
WVWZZZ3BZYP229126

From the gazette

         5. The costs of this application are costs in the sequestration of the Respondent`s estate.
                                                 ----------oo0oo----------
                                                                                                  Case No: EL 20472023
                                                                                                          041-585 7921
                                  IN THE HIGH COURT OF SOUTH AFRICA
                              (Eastern Cape Division , East London Circuit Court .)
                        East London, 2023-07-04, Before the Honorable Mr Justice Laing
           In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: a 2000 1.8litre Volkswagen Passat Turbo with registration number NPN 87 88 99 and Chassis/VIN
WVWZZZ3BZYP229126 which is an instrumentality of multiple offences, was seized on 16 August 2022 and
is held under East London CAS 309/08/2022 and 315/08/2022 and Buffalo Flats CAS 77/08/2022 (a copy of
which can be obtained from the person motioned in par 9 hereunder.)
                                                  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 East London Circuit Court ) under case number EL 2047/2023 In re: a
2000 1.8litre Volkswagen Passat Turbo with registration number NPN 87 88 99 and Chassis/VIN
WVWZZZ3BZYP229126 which is an instrumentality of multiple offences, was seized on 16 August 2022 and is
held under East London CAS 309/08/2022 and 315/08/2022 and Buffalo Flats CAS 77/08/2022 (a copy of which
can be obtained from the person motioned in par 9 hereunder.)

          This notice is addressed to Lizo Pama 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.

                              This gazette is also available free online at www.gpwonline.co.za
38  No. 49096                          GOVERNMENT GAZETTE, 11 August 2023

Source