Notice

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

Date
2023-07-28

Case

Case number
9503/2023
Court
Western Cape Division, Cape Town

Asset description

property described as white Nissan Hardbody motor vehicle with registration number CA784422 (the vehicle) seized by members of the South African Police Service near Bredasdorp on 9 November 2018. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

          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)

         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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa
(Western Cape Division, Cape Town) on 28 July 2023 in case number 9503/2023 in relation to: property described as
white Nissan Hardbody motor vehicle with registration number CA784422 (the vehicle) seized by members of the South
African Police Service near Bredasdorp on 9 November 2018. (a copy of the application and order can be obtained
from the person mentioned in par 9 hereunder).

         This notice is addressed to all persons who may have an interest in the property described above.

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

Source