Nnaemeka Charles Amagba, Chineye Christina Alaje, Okeoma Medline and

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

Party
Nnaemeka Charles Amagba, Chineye Christina Alaje, Okeoma Medline and
Date
2023-06-09

Case

Case number
2023-049740
Court
Gauteng Division, Johannesburg

Parties addressed

  • Nnaemeka Charles Amagba, Chineye Christina Alaje, Okeoma Medline and

Asset description

The amount of R85 240 in cash seized by members of the South African Police Service on 30 March 2017 under Mondeor CAS 557/03/2017 deposited into the SAPS Head Office Account under reference number SAP 13/553/2017, taking number 75207036, purpose receipt number 15501498

Identifiers

Cash amount
R85 240

From the gazette

                                                                                          Case No: 2023-049740
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                    (GAUTENG DIVISION, JOHANNESBURG)
           JOHANNESBURG, 2023-06-09, BEFORE THE HONOURABLE JUSTICE MAIER-FRAWLEY
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
The amount of R85 240 in cash seized by members of the South African Police Service on 30 March 2017
under Mondeor CAS 557/03/2017 deposited into the SAPS Head Office Account under reference number
SAP 13/553/2017, taking number 75207036, purpose receipt number 15501498
 AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
                                                       1998
          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, Johannesburg) on 09 June 2023 in case number 2023-049740 in relation to:

        The amount of R85 240 in cash seized by members of the South African Police Service on 30 March 2017
under Mondeor CAS 557/03/2017 deposited into the SAPS Head Office Account under reference number SAP
13/553/2017, taking number 75207036, purpose receipt number 15501498

         (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)

           This notice is addressed to Nnaemeka Charles Amagba, Chineye Christina Alaje, Okeoma Medline and
all other persons who have an interest in certain property identified as the amount of R85 240 in cash seized by
members of the South African Police Service on 30 March 2017 under Mondeor CAS 557/03/2017 deposited into
the SAPS Head Office Account, under reference number SAP 13/553/2017, taking number 75207036, purpose
receipt number 15501498 (the property):
            Take notice that:
           1       The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in
respect of the property;
           2    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;
           3 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 order declaring the property forfeit to the state. The order will
remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied;
           4      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;
           5    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 4 above;
           6 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;
           7      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;
           8 In terms of rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours'
notice, set down the matter for reconsideration;
           9     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.
           10    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
           Applicant's attorneys

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

Source