Moses Issa and all other persons who have an interest in certain property identified as
Court order seizes property linked to crime · Published 2023-09-15 · What is a POCA?
- Party
- Moses Issa and all other persons who have an interest in certain property identified as
Case
- Case number
- 2023-00318
- Court
- Gauteng
Parties addressed
- Moses Issa and all other persons who have an interest in certain property identified as
Asset description
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).
Identifiers
- Cash amount
- R10 000
From the gazette
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.
8. In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice, set
down the matter 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: The State Attorney,
Applicant's Attorneys, 10th Floor, North State Building, 99 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg;
Private Bag X 9, Johannesburg, 2000. Tel: (011) 220 4121. Ref: Mr E Machete/P14 Issa M.
Any correspondence or other enquiries must also be directed to this address or contact number.
This gazette is also available free online at www.gpwonline.co.za
30 No. 49301 GOVERNMENT GAZETTE, 15 September 2023