Fanyana Nicholas Nkosi, who resides at Tsakane who resides at 1438 T Modise

Court order seizes property linked to crime · Published 2023-09-29 · What is a POCA?

Party
Fanyana Nicholas Nkosi, who resides at Tsakane who resides at 1438 T Modise
Date
2023-06-20

Case

Case number
2023-055095
Court
Gauteng

Parties addressed

  • Fanyana Nicholas Nkosi, who resides at Tsakane who resides at 1438 T Modise

Identifiers

Cash amount
R70 000

From the gazette

                                                                                                 Case No: 2023-055095
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                                (Gauteng Division, Pretoria)
                                Pretoria, 2023-06-20, The Honorable Justice Ledwaba AP
                                                            NDPP
In re: An amount of R70 000-00 held in the South African Polices Services Suspense account, with taking Number
156750449 and Receipt Number 28639874.
                     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, Pretoria) on 20 June 2023 in Case number 2023-055095.
In re: An amount of R70 000-00 held in the South African Polices Services Suspense account, with taking Number
156750449 and Receipt Number 28639874 (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder).
This notice is addressed to: Fanyana Nicholas Nkosi, who resides at Tsakane who resides at 1438 T Modise
Street BluegumView, Duduza Ext.
 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 an 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 Act. 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 Act.
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 K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria.
His contact details are as follows: Private Bag X 91, Pretoria, 0001. Tel: 012 309 1500 / 012 309 1677 and Fax No:
012 309 1649/50. E-mail: kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za. Reference:3167/2023/Z56.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: 012 845 6371. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-09-20.

                              This gazette is also available free online at www.gpwonline.co.za
30  No. 49375                     GOVERNMENT GAZETTE, 29 September 2023

Source