Minchev Zlatko, Aleksander Lujinovic, Gunyapuk Tun-Ul, Smangele Chiloane and
Court order seizes property linked to crime · Published 2023-11-10 · What is a POCA?
- Party
- Minchev Zlatko, Aleksander Lujinovic, Gunyapuk Tun-Ul, Smangele Chiloane and
- Date
- 2023-08-29
Case
- Case number
- 2023/080577
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Minchev Zlatko, Aleksander Lujinovic, Gunyapuk Tun-Ul, Smangele Chiloane and
Asset description
The amount of R7 155 in cash seized by members of the South African Police Service on 29 November 2017 under Edenvale CAS 333/11/2017 held at the SAPS Head Office Account under reference number SAP 13/1353/2017, taking number 110895312, purpose receipt number 22012731
Identifiers
- Cash amount
- R7 155
From the gazette
Case No: 2023/080577
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-08-29, BEFORE THE HONOURABLE JUSTICE WEPENER
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R7 155 in cash seized by members of the South African Police Service on 29 November
2017 under Edenvale CAS 333/11/2017 held at the SAPS Head Office Account under reference number SAP
13/1353/2017, taking number 110895312, purpose receipt number 22012731
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 29 August 2023 in case number 2023/080577 in relation to:
The amount of R7 155 in cash seized by members of the South African Police Service on 29 November 2017
under Edenvale CAS 333/11/2017 held at the SAPS Head Office Account under reference number SAP 13/1353/2017,
taking number 110895312, purpose receipt number 22012731
This notice is addressed to Minchev Zlatko, Aleksander Lujinovic, Gunyapuk Tun-Ul, Smangele Chiloane and
all other persons who have an interest in the amount of R7 155 in cash seized by members of the South African Police
Services on 29 November 2017 under Edenvale CAS 333/11/2017 held at the SAPS Head Office Account under
reference number SAP 13/1353/2017, taking number 110895312 and purpose receipt number 22012731 (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
Attorneys for Applicant
10th Floor
This gazette is also available free online at www.gpwonline.co.za
26 No. 49616 GOVERNMENT GAZETTE, 10 November 2023