Wen Ying Chang with South African identity number 6903080972085 and all other

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

Party
Wen Ying Chang with South African identity number 6903080972085 and all other
ID / Reg no
6903080972085
Date
2023-06-07

Case

Case number
2023/049617
Court
Gauteng Division, Johannesburg

Parties addressed

  • Wen Ying Chang with South African identity number 6903080972085 and all other

Asset description

The amount of R170 000 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
R170 000

From the gazette

          His contact details are as follows:
          Tel: (021) 441 9301
          Email: ZKarjiker@justice.gov.za
                                                   ----------oo0oo----------
                                                                                             Case No: 2023/049617
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
           JOHANNESBURG, 2023-06-07, BEFORE THE HONOURABLE JUSTICE S MIA, IN CHAMBERS
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: The amount of R170 000 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
    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 07 JUNE 2023 in case number 2023/049617 in relation to:

           The amount of R170 000 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: Wen Ying Chang with South African identity number 6903080972085 and all other
 persons who have an interest in the amount of R170 000 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;

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 1 September 2023                                        No. 49215   55

          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;
          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, Mr E Machethe
          10th Floor, North State Building
          99 Albertina Sisulu Street, Johannesburg
          Private Bag X9
          Johannesburg
          2000
          Tel: (011) 220 4121
          Email: EMachethe@npa.gov.za
          REF: AMEX 46 (WY Chang) / P14
          Any correspondence or other enquiries must also be directed to this address or contact number.
                                                  ----------oo0oo----------
                                                                                          Case No: 9503/2023
                                  IN THE HIGH COURT OF SOUTH AFRICA
                                 (WESTERN CAPE DIVISION, CAPE TOWN)
                      CAPE TOWN, 2023-07-28, Before the Honourable Mr Justice Francis
              In the matter between: The National Director of Public Prosecutions, Applicant
             In re: A white Nissan Hardbody motor vehicle with registration number CA784422
An application for a preservation order in terms of Section 38 of the Prevention of Organised Crime Act, 121
                                                   of 1998.
                                                    ANNEXURE A
        NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
                                                   (POCA)

Source