Dave Tcharlie

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

Party
Dave Tcharlie
Date
2023-08-31

Case

Case number
2023/082966
Court
Gauteng Division, Johannesburg

Parties addressed

  • Dave Tcharlie

Asset description

The sum of R10500 in cash deposited into the South African Police Finance Account under taking number 112443591 and purpose receipt number 2251375 seized by Johannesburg Metropolitan Police Department on 19 August 2020 under Tembisa CAS 376/08/2020 and SAP 13/1558/2020

From the gazette

          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
           North State Building
          99 Albertina Sisulu Street, Cnr Kruis Street
          Johannesburg
          Private Bag X 9
          Johannesburg
          Tel: (011) 220 4087
          Email: MeMahloko@npa.gov.za
          Ref: Mr M Mahloko/P14 Maeda
                                                  ----------oo0oo----------
                                                                                             Case No: 2023/082966
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
                    JOHANNESBURG, 2023-08-31, BEFORE THE HONOURABLE JUSTICE MIA
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R10500 in cash deposited into the South African Police Finance Account under taking number
112443591 and purpose receipt number 2251375 seized by Johannesburg Metropolitan Police Department on
19 August 2020 under Tembisa CAS 376/08/2020 and SAP 13/1558/2020
   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 31 August 2023 in case number 2023/082966 in relation to:

        The sum of R10500 in cash deposited into the South African Police Finance Account under taking number
112443591 and purpose receipt number 2251375 seized by Johannesburg Metropolitan Police Department on 19
August 2020 under Tembisa CAS 376/08/2020 and SAP 13/1558/2020

        This notice is addressed to Dave Tcharlie and all persons who may have an interest the sum of R10500 in
cash deposited into the South African Police Finance Account under taking number 112443591 and purpose receipt
number 2251375 seized by Johannesburg Metropolitan Police Department on 19 August 2020 under Tembisa CAS
376/08/2020 and SAP 13/1558/2020 (“the property”).

         TAKE NOTICE THAT:
         1. The National Director of Public Prosecutions has obtained a preservation order (the order) a copy of which
is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (POCA) in
respect of the property.

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

Source