Bangxing Zhang with People's Republic of China passport number G19240312 and all

Court order seizes property linked to crime · Published 2023-08-25 · What is a POCA?

Party
Bangxing Zhang with People's Republic of China passport number G19240312 and all
Date
2023-06-07

Case

Case number
2023/049675
Court
Gauteng

Parties addressed

  • Bangxing Zhang with People's Republic of China passport number G19240312 and all

Asset description

The amount of R94 500 together with interest accrued thereon held in the Nedbank bank account of Tourvest Financial Services (Pty) Ltd previously t/a American Express Foreign Exchange and now t/a Travelex

Identifiers

Cash amount
R94 500

From the gazette

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 07 JUNE 2023 in case number 2023/049675 in relation to:

The amount of R94 500 together with interest accrued thereon held in the Nedbank bank account of Tourvest Financial
Services (Pty) Ltd previously t/a American Express Foreign Exchange and now t/a Travelex
This notice is addressed to: Bangxing Zhang with People's Republic of China passport number G19240312 and all
other persons who have an interest in the amount of R94 500 together with interest accrued thereon held in the Nedbank
bank account of Tourvest Financial Services (Pty) Ltd previously t/a American Express Foreign Exchange and now t/a
Travelex (the property).
Take notice that:
1 The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained a
preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from the
State Attorney, Johannesburg;
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 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 a reconsideration of the order;
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;

                                 This gazette is also available free online at www.gpwonline.co.za
30  No. 49187                         GOVERNMENT GAZETTE, 25 August 2023

Source