Notice

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                                                                                                  Case No: 16161/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                      (WESTERN CAPE DIVISION, CAPE TOWN)
                      CAPE TOWN, 2023-10-20, Before the Honourable Ms Acting Justice Mayosi
                  In the matter between: The National Director of Public Prosecutions, Applicant
In re: In re: R46 199 in cash seized by members of the South African Police Service on 14 March 2022.
  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 (Western Cape
Division, Cape Town) on 20 October 2023, in Case number 16161/2023, in relation to: Property described as R46 199
in cash seized by members of the South African Police Service on 14 March 2022 at 20D Storms River Walk,
Manenberg, Western Cape. (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.

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, 5th Floor, 22 Long Street, CAPE TOWN.
His contact details are as follows: Tel: (021) 441 9301. E-mail: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street, Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: 021 441 9200.
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58  No. 49718                       GOVERNMENT GAZETTE, 17 November 2023