Sbusiso Lenardy Magane and any person who may have an interest in an amount
Court order seizes property linked to crime · Published 2023-09-08 · What is a POCA?
- Party
- Sbusiso Lenardy Magane and any person who may have an interest in an amount
- Date
- 2023-07-11
Case
- Case number
- 2023/067423
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Sbusiso Lenardy Magane and any person who may have an interest in an amount
Asset description
Funds in the amount of R1 192 771.49, together with any interest thereof, in Standard Bank account number 10176963659, held in the name of Sbusiso Lenardy Magane.
Identifiers
- Cash amount
- R1 192 771.49
From the gazette
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME
ACT 121 OF 1998 (the POCA)
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 11 July 2023 in case number 2023/067423 in relation to:
Funds in the amount of R1 192 771.49, together with any interest thereof, in Standard Bank account number
10176963659, held in the name of Sbusiso Lenardy Magane.
This notice is addressed to Sbusiso Lenardy Magane and any person who may have an interest in an amount
of R1 192 771.49 together with any interest thereof, in Standard Bank account number 10176963659 held in the name
of Sbusiso Lenardy Magane (the property).
Take notice that:
1 The National Director of Public Prosecutions (National Director) is granted a preservation of property
order (the preservation order) in respect of the property, in terms of section 38 (2) of the Prevention of Organised Crime
Act 121 of 1998 (POCA), 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 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.
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 section 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), upon delivery of not less than 24 hours' notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, and within 14 days of becoming aware
of the order, apply for reconsideration of the order.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 8 September 2023 No. 49277 31
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 cnr Kruis Streets
Johannesburg
Private Bag X 9, Johannesburg, 2000
Tel: 011 220 4121
Email: MMachethe@npa.gov.za
Any correspondence or other enquiries must also be directed to the above address or contact numbers.
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Case No: 2023/049619
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-06-07, BEFORE THE HONOURABLE JUSTICE S MIA, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R161 000 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
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 07 JUNE 2023 in case number 2023/049619 in relation to: