Jiezhi Qiu with People's Republic of China passport number G01185228 and all

Court order seizes property linked to crime · Published 2023-09-08 · What is a POCA?

Party
Jiezhi Qiu with People's Republic of China passport number G01185228 and all

Case

Parties addressed

  • Jiezhi Qiu with People's Republic of China passport number G01185228 and all

Identifiers

Cash amount
R1 235 500

From the gazette

              NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT
                                                  121 OF 1998 (the POCA)
           This notice is addressed to: Jiezhi Qiu with People's Republic of China passport number G01185228 and all
other persons who have an interest in the amount of R1 235 500 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;
           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

                               This gazette is also available free online at www.gpwonline.co.za
24  No. 49277                       GOVERNMENT GAZETTE, 8 September 2023

Source