Notice

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

Case

Case number
15676/2023
Court
Western Cape, Cape Town

Asset description

A grey Toyota FJ Cruiser with Registration number DV 81 DP GP and a beige Toyota FJ Cruiser with Registration number HW 60 HN GP, seized by members of the SAPS on 1 March 2021 during an operation in Saldanha. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                                        Case No: 15676/2023
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                          (WESTERN CAPE DIVISION, CAPE TOWN)
                        CAPE TOWN, 2023-10-16, Before the Honourable Mr Acting Justice Dickerson
                     In the matter between: The National Director of Public Prosecutions Applicant
            In re: In re: application for a preservation of property order in terms of section 38 of the Prevention of Crime
 Act 121 of 1998 in respect of: - a grey Toyota FJ Cruiser, with registration number DV 81 DP GP and a beige Toyota
 FJ Cruiser, with registration number HW 60 HN GP.
                                                                 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
 (Western Cape, Cape Town) on the 16th day of October 2023, in Case number 15676/2023 in relation to: A grey Toyota
 FJ Cruiser with Registration number DV 81 DP GP and a beige Toyota FJ Cruiser with Registration number HW 60 HN
 GP, seized by members of the SAPS on 1 March 2021 during an operation in Saldanha. (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: The State Attorney: Mr. Z
 Karjiker, 4th Floor, 22 Long Street Cape Town. His contact details are as follows: Private Bag X 9001, Cape Town,
 8000. Tel: (021) 441-9200 and Fax: (021) 421-9364 /. Email: ZKarjiker@justice.gov.za.
            National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: 021 441
 9200.
                                                    ----------oo0oo----------

                                 This gazette is also available free online at www.gpwonline.co.za
                                                STAATSKOERANT, 10 November 2023                                          No. 49616   39

                                                                                                       Case No: 14796/2023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (WESTERN CAPE DIVISION, CAPE TOWN)
                         CAPE TOWN, 2023-10-18, Before the Honourable Ms Acting Justice Mayosi
                    In the matter between: The National Director of Public Prosecutions Applicant
           In re: In re: application for a preservation of property order in terms of section 38 of the Prevention of Crime
Act 121 of 1998 in respect of R25392.90 seized by South African Police Service on 7 August 2022.
                                                           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 (Western Cape,
Cape Town) on the 18th day of October 2023, in Case number 14796/2023, in relation to R25 393.90, seized by
members of the SAPS on 7 August 2022 (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.

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