Osca Laleni of Mnqwane Location, Mt Ayliff - Eastern Cape
Court order seizes property linked to crime · Published 2023-08-25 · What is a POCA?
- Party
- Osca Laleni of Mnqwane Location, Mt Ayliff - Eastern Cape
- Date
- 2023-07-25
Case
- Case number
- 2948/2023
Parties addressed
- Osca Laleni of Mnqwane Location, Mt Ayliff - Eastern Cape
Asset description
SUM OF R76 770 IN CASH THAT WAS SEIZED ON 13 DECEMBER 2022 BY MEMBERS OF SOUTH AFRICAN POLICE SERVIES AND HELD UNDER MT AYLIFFF CAS NUMBER 168/12/2022.
From the gazette
2. That this order be served on the Respondent Personally, as well as a copy hereof on SARS and the Master
of the High Court.
3. That this order be advertised once in the Citizen Newspaper and Government Gazette.
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Case No: 2947/2023
0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2023-07-25, JUDGE PAKATI
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION, Applicant, and
OSCA LALENI, Respondent
In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF A TOTAL SUM OF R76 770 IN CASH THAT WAS SEIZED ON 13 DECEMBER 2022 BY MEMBERS
OF SOUTH AFRICAN POLICE SERVIES AND HELD UNDER MT AYLIFFF CAS NUMBER 168/12/2022
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 39 of the Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern Cape
Local Division, Mthatha) on 25 JULY 2023 in case number 2948/2023 in relation to SUM OF R76 770 IN CASH THAT
WAS SEIZED ON 13 DECEMBER 2022 BY MEMBERS OF SOUTH AFRICAN POLICE SERVIES AND HELD UNDER
MT AYLIFFF CAS NUMBER 168/12/2022.
This notice is addressed to Osca Laleni of Mnqwane Location, Mt Ayliff - Eastern Cape and all persons who
may have an interest.
1. If you have 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 finalized , 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 also are dealt with in section 39(4) and (5) of
the POCA . An appearance must comply with these requirements and must be delivered to the office of the State
Attorney at the address mentioned in paragraph 9 below.
4.Your attention is specifically drawn to the 14 day time limit prescribed in the section 39(4) for the entry of an
appearance referred 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 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 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.
This gazette is also available free online at www.gpwonline.co.za
40 No. 49187 GOVERNMENT GAZETTE, 25 August 2023