Notice

           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 9641/2013 in relation to: a R22 000 in cash
 seized by members of the South African Police Service on 24 August 2022. (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.
            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 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 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:

          The State Attorney: Mr Z Karjiker,
          5th Floor
          22 Long Street

                                 This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 1 September 2023                                        No. 49215   61

         His contact details are as follows:
         Tel: (021) 441 9301
         Email: ZKarjiker@justice.gov.za
                                                  ----------oo0oo----------
                                                                                                    Case No: 2023/024105
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                         (GAUTENG DIVISION- JOHANNESBURG)
                 JOHANNESBURG, 2023-03-22, BEFORE THE HONOURABLE JUSTICE SENYATSI
In the ex parte application of: NDPP V Mzwandile Mabitsa and another: THE NATIONAL DIRECTOR OF PUBLIC
PROSECUTIONS, APPLICANT, AND Mzwandile Ezekiel Mabitsa, AND Paulina Natasha Mabitsa, Respondents
     In re: The sum of R40 155.00 in cash seized by the South Africa Police Service on 16 August 2020 and
                         currently held under criminal docket Bekkersdal CAS 175/08/2020
           1       This notice is addressed to Mzwandile Ezekiel Mabitsa (ID number 8610195568082), Pauline
Natasha Mabitsa (ID number 8302021821089), and all other persons who have an interest in the below listed property,
or property representing such property or the proceeds of such property, namely the sum of R40 155.00 in cash seized
by the South African Police Service (the SAPS) on 16 August 2020 under criminal docket Bekkersdal CAS 175/08/2020
(the property).
           Take notice that:
           2       The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect
of the property;
           3       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;
           4       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;
           5       If you intend to oppose the application for a forfeiture, 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;
           6       Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA
for entry of an appearance referred to in paragraph 4 above;
           7       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;
           8       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;
           9       You may apply for reconsideration of the preservation order on no less than 24 hours-notice in terms
of Rule 6(8) of the Uniform Rules of the High Court.

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