Ikechukwu Kingsley Eze and all other persons who have an interest in the amount

Court order seizes property linked to crime · Published 2023-11-10 · What is a POCA?

Party
Ikechukwu Kingsley Eze and all other persons who have an interest in the amount
ID / Reg no
0023001186600
Date
2023-09-14

Case

Case number
2023/081418
Court
Gauteng Division, Johannesburg

Parties addressed

  • Ikechukwu Kingsley Eze and all other persons who have an interest in the amount

Asset description

The amount of R 3 250 in cash seized by members of the South African Police Service, currently held in the SAPS' Head Office ABSA Bank Account number 405 452 2787 under Kempton Park CAS 199/11/2022 with reference number SAP13 1205 and receipt number 0023001186600

Identifiers

Cash amount
R3 250

From the gazette

          7. Further and/or alternative relief.
                                                   ----------oo0oo----------
                                                                                              Case No: 2023/081418
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
               JOHANNESBURG, 2023-09-14, BEFORE THE HONOURABLE JUSTICE CRUTCHFIELD
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: The amount of R 3 250 in cash seized by members of the South African Police Service, currently held in
 the SAPS’ Head Office ABSA Bank Account number 405 452 2787 under Kempton Park CAS 199/11/2022 with
 reference number SAP13 1205 and receipt number 0023001186600
    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 14 September 2023 in case number 2023/081418 in relation to:

        The amount of R 3 250 in cash seized by members of the South African Police Service, currently held in the
 SAPS' Head Office ABSA Bank Account number 405 452 2787 under Kempton Park CAS 199/11/2022 with reference
 number SAP13 1205 and receipt number 0023001186600

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 10 November 2023                                          No. 49616   23

          This notice is addressed to Ikechukwu Kingsley Eze and all other persons who have an interest in the amount
of R 3 250 in cash seized by members of the South African Police Service, currently held in the SAPS' Head Office
ABSA Bank Account number 405 452 2787 under Kempton Park CAS 199/11/2022 with reference number SAP13
1205 and receipt number 0023001186600 (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 X9
                  Tel: 011 220 4121
                  Email: MeMahloko@npa.gov.za
                  Ref: Mr Mahloko
                  Tel: 011 220 4087/0817876363
          Any correspondence or other enquiries must also be directed to this address or contact number.
                                                   ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
24  No. 49616                       GOVERNMENT GAZETTE, 10 November 2023

Source