Notice

                                                                                            Case No: 969/2023
                                  IN THE HIGH COURT OF SOUTH AFRICA
                               (EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
                        CAPE TOWN, 2023-09-08, Before the Honourable Mr Justice Wille
               In the matter between: The National Director of Public Prosecutions Applicant
                                       In re: Cash in the sum of R20 956
  An application for a preservation of property order in terms of section 38 of The Prevention of Organised
                                             Crime Act 121 of 1998.
                                                       Annexure A

                    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, No. 121 of 1998 in the HIGH COURT OF SOUTH AFRICA
(Eastern Circuit Local Division, George) on 8th September 2023, in case number 969/2023 in relation to: R20 956 in
cash that were seized by members of the SAPS on 9 February 2023 (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:
          10.       The State Attorney: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
          11.       His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and
Fax: (021) 421-9364 /. Email: ZKarjiker@justice.gov.za.
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66  No. 49515                       GOVERNMENT GAZETTE, 20 October 2023