Thabiso Thoabala

                                                                                                  Case No: EL 1770/2023
                                                                                           P/H or Docex Nr: 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                      (Eastern Cape Division, East London Circuit Court)
                              East London, 2023-11-07, Before the Honorable Justice Gqamana
                       In the ex parte application of: The National Director of Public Prosecutions
           In re: In re: The credit balance, including interest, in First National Bank account 630 578 056 59 which is the
proceeds of unlawful activities which is the proceeds of unlawful activities (a copy of which can be obtained from the
person motioned in par 9 hereunder.)
                                                           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 obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division East London) on 7 November 2023 in case number EL 1770 /2023 in relation
to: In re: The credit balance, including interest, in First National Bank account 630 578 056 59 which is the proceeds of
unlawful activities which is the proceeds of unlawful activities (a copy of which can be obtained from the person
motioned in par 9 hereunder.)
           This notice is addressed to Thabiso Thoabala and all other 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.
           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: STATE ATTORNEY
GQEBERHA, 29 Western Road, Central, Gqeberha. Tel: 041 585 7921. WaErasmus@justice.gov.za.
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127. E-mail: ASakasa@npa.gov.za. Tel:
043 706 5100.
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30  No. 49760                      GOVERNMENT GAZETTE, 24 November 2023