Mr Issa Mohamedi Rashidi
Court order seizes property linked to crime · Published 2023-09-08 · What is a POCA?
- Party
- Mr Issa Mohamedi Rashidi
- Date
- 2023-05-03
Case
- Case number
- 2023-024942
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Mr Issa Mohamedi Rashidi
Asset description
The sum of R10166.90 cash seized by the SAPS under Johannesburg Central CAS1086/01/2019, subsequently deposited into the SAPS' Head Office ABSA Bank account number 4054522787, under taking number 102884099 and purpose receipt number 20655609
From the gazette
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.
10 Whenever the 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 EE Machethe
10th Floor, North State Building
95 Albertina Sisulu Street
Cnr Kruis Street
Johannesburg
Tel: (011) 220 4121
Email: EMachethe@npa.gov.za
Ref: 3510/22/P14/E Machethe
Any correspondence or other enquiries must also be directed to this address or contact number.
----------oo0oo----------
Case No: 2023-024942
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-05-03, BEFORE THE HONOURABLE JUSTICE WRIGHT
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R10166.90 cash seized by the SAPS under Johannesburg Central CAS1086/01/2019,
subsequently deposited into the SAPS' Head Office ABSA Bank account number 4054522787, under taking
number 102884099 and purpose receipt number 20655609
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 03 MAY 2023 in case number 2023-024942 in relation to:
The sum of R10166.90 cash seized by the SAPS under Johannesburg Central CAS1086/01/2019,
subsequently deposited into the SAPS' Head Office ABSA Bank account number 4054522787, under taking number
102884099 and purpose receipt number 20655609
(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)
This notice is addressed to Mr Issa Mohamedi Rashidi and all persons who have an interest in the sum of R10
166.90 cash seized by the SAPS under Johannesburg Central CAS1086/01/2019, subsequently deposited into the
SAPS' Head Office ABSA bank account number 4054522787, under taking number 102884099 and purpose receipt
number 20655609 (“the property”).
TAKE NOTICE THAT:
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 8 September 2023 No. 49277 21
1. The National Director of Public Prosecution has obtained a preservation order (the order) a copy of which
is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (POCA) in
respect of the property.
2. If you have an interest in the property you must understand that it is now at risk. You will be well advised
to obtain legal advice on whether your interest can be protected, if so how to protect it.
3. You are advised that the National Director of Public Prosecutions will, within 90 days of the publication
of this notice, apply to the High Court under section 48 of the POCA, for an order declaring the property forfeited to the
state. The order will remain in force until the application for forfeiture order is finalised, and until any forfeiture order
that is made final.
4. If you intend opposing the application for forfeiture, or if you intend applying for an order excluding your
interest from the property, you must enter an appearance in terms of section 39(1), (4), and (5) of the POCA.
5. If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice by the
applicant of the application for a forfeiture order in respect of the property.
6. If you fail to enter an appearance, the court may grant an order forfeiting the property to the state by
default under section 53 of POCA.
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 reconsideration.
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:
STATE ATTORNEY
Applicant's Attorneys
10th Floor, North State Building
99 Albertina Sisulu Street
JOHANNESBURG
Tel: (011) 220 4121
Email: EMachethe@npa.gov.za
REF: Mr E Machethe/P14 Rashidi I
Any correspondence or other enquiries must also be directed to this address or contact number.
----------oo0oo----------
Case No: 2023/024112
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION- JOHANNESBURG)
JOHANNESBURG, 2023-03-24, BEFORE THE HONOURABLE JUSTICE STRYDOM
In the ex parte application of: NDPP V JUANPING ZHENG: THE NATIONAL DIRECTOR OF PUBLIC
PROSECUTIONS,APPLICANT, and JUANPING ZHENG, TOURVEST FINANCIAL SERVICES LTD PREVIOUSLY
TRADING AS AMERICAN FOREIGN EXCHANGE NOW TRADING AS TRAVELEX, Respondent
In re: In re: The amount of R52 454 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