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

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