Notice

Court order seizes property linked to crime · Published 2023-09-15 · What is a POCA?

Date
2023-08-01

Case

Case number
10150/2023
Court
Western Cape

Asset description

R72 760 cash, that was seized by members of the South African Police Service on 8 February 2022. (A copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                                    Case No: 10150/2023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (WESTERN CAPE DIVISION, CAPE TOWN)
                           CAPE TOWN, 2023-08-08, Before the Honourable Mr Justice Saldanha
                     In the matter between: The National Director of Public Prosecutions, Applicant
   In re: Application for a preservation of property order in terms of section 38 of The Prevention of Crime Ac,t 121 of
   1998, in respect of R72 760 cash that was seized by members of the South African Police Service on 8 February
   2022.
                                                          ANNEXURE B
       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 Organised Crime Act, 1998 in the High Court of South Africa (Western Cape
   Local Division, Cape Town) on 1 August 2023 under Case number 10150/2023, in relation to R72 760 cash, that
   was seized by members of the South African Police Service on 8 February 2022. (A copy of the application and
   order can be obtained from the person mentioned in par 9 hereunder).
   This notice is addressed to all persons who may have an interest in the property described above.
   Take notice that:
   1. 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.
   2. 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.
   3. 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 and must be delivered to the office of the State
   Attorney at the address mentioned in paragraph 9, below.
   4. 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 3 above.
   5. 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.
   6. 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.
   7. 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 of the order.
   8. 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.
   9. 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 Z
   Karjiker, 4th Floor, 22 Long Street, Cape Town. His contact details are as follows: Private Bag X9001, Cape Town,
   8000. Tel: (021) 441 9200 / 021 441 9284 and Fax: (021) 421 9364. E-mail: zkarjiker@justice.gov.za.

                                This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 15 September 2023                                         No. 49301   29

National Prosecuting Authority, 22 Long Street Cape Town. Tel: (021) 441-9200. E-mail: zkarjiker@justice.gov.za.
Date submitted: 2023-08-25.
                                             ----------oo0oo----------

                                                                                                    Case No: 2023-00318
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
                JOHANNESBURG, 2023-03-16, BEFORE THE HONOURABLE JUSTICE KEIGHTLEY
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R10 000 in cash seized by members of the South African Police Service on 14 August 2020
under Johannesburg Central CAS 339/08/2020, booked under SAP 13/2311/2020 and currently held at the SAPS
Head Office Account with Taking number 113229348.
                      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 the 16 MARCH 2023, Case number 2023-00318, in relation to:
The amount of R10 000 in cash seized by members of the South African Police Service on 14 August 2020 under
Johannesburg Central CAS 339/08/2020, booked under SAP 13/2311/2020 and currently held at the SAPS Head
Office Account with Taking number 113229348 (a copy of the application and order can be obtained from the
person mentioned in par 10 hereunder).
This notice is addressed to Moses Issa and all other persons who have an interest in certain property identified as
the amount of R10 000 in cash seized by members of the South African Police Service on 14 August 2020 under
Johannesburg Central CAS 339/08/2020 and booked under SAP 13/2311/2020 and currently held at the SAPS
Head Office Account with Taking number 113229348 (the property):
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order
(the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the
property.
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.

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