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.
                                                  ----------oo0oo----------
                                                                                                   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:

Source