ABDUL SHAIKH

Court order seizes property linked to crime · Published 2023-09-01 · What is a POCA?

Party
ABDUL SHAIKH

Case

Case number
2642/2023

Parties addressed

  • ABDUL SHAIKH

From the gazette

         Hay & Scott Att..
                                                  ----------oo0oo----------
                                                                                                     Case No: 2642/2023
                                                                                                           041-585 7921
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        (Eastern Cape Division, Gqeberha)
                     Gqeberha, 2023-08-15, Before the Honorable Madam Justice Cubungu AJ
             In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: R116 365 in cash seized on 7 March 2023 and by SAPS under Gelvandale CAS 48/03/2023 (the property)
                                                        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, Gqeberha) under case number 2642/2023 in re : R116 365 in cash
seized on 7 March 2023 and held by SAPS under Gelvandale CAS 48/03/2023 (the property)( a copy of which
can be obtained from the person mentioned in par 9 hereunder)

          This notice is addressed to ABDUL SHAIKH 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.

                               This gazette is also available free online at www.gpwonline.co.za
30  No. 49215                       GOVERNMENT GAZETTE, 1 September 2023

Source