CHELSEA LONG

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

Party
CHELSEA LONG

Case

Case number
2659/2023

Parties addressed

  • CHELSEA LONG

From the gazette

          COUNSEL FOR THE APPLICANT:
          JAQUES GROENEWALD
          MAISELS CHAMBERS
          SANDTON
          CELL: 074 816 8820
          EMAIL: jaquesg@maisels.co.za
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                                                                                                   Case No: 2659/2023
                                                                                                         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: R15 910 in cash seized on 1 June 2023 and held by SAPS under Bethelsdorp CAS 01/06/2023 and SAP
                                              13/700/2023 (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 2659/2023 in re : R15 910 in cash seized
 on 1 June 2023 and held by SAPS under Bethelsdorp CAS 01/06/2023 and SAP 13/700/2023 (the property)( a
 copy of which can be obtained from the person mentioned in par 9 hereunder)

          This notice is addressed to CHELSEA LONG 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.

                               This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 1 September 2023                                        No. 49215   35

          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.
          9         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:
                STATE ATTORNEY GQEBERHA
          29 Western Road, Central, Gqeberha, Tel: 041 585 7921, WaErasmus@justice.gov.za
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                                                                                       Case No: EC/EL/RC 274/22D
                                       IN THE MAGISTRATE’S COURT FOR
                  (REGIONAL DIVISION OF THE EASTERN CAPE HELD AT EAST LONDON)
                              EAST LONDON, 2022-08-03, MAGISTRATE VOBOZA
 In the matter between: NOLUVO PORTIA MBANYA (born NOVEMBER), Applicant, and SICELOSAMKELWE
                                             MBANYA, Respondent
                           In re: SUBSTITUTED SERVICE OF DIVORCE SUMMONS
        Having heard the attorney for the Applicant on the 03rd of August 2022 the following Order is made:-

        1. That leave is granted to serve the Summons in the divorce action by way of Substituted Service on
Sicelosamkelwe Mbanya;

         2. That the service of Summons and other pleadings by way of one publication in the Daily Dispatch;

        3. That defence may be noted within one (1) month after publication of the Summons if the said
Sicelosamkelwe Mbanya so wishes;

         Dated at East London on this 03rd day of August 2022.

         By Order of Court - Magistrate Voboza.
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                               This gazette is also available free online at www.gpwonline.co.za
36  No. 49215                       GOVERNMENT GAZETTE, 1 September 2023

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