Sibongakonke Ntuli

                                                                                           Case No: EL 1833/2023
                                     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: T: Credit balance including interest in Capitec Bank account number 2175958015 which is the
proceeds of fraud and theft. (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 1833 /2023 in relation to: In re: :
Credit balance including interest in Capitec Bank account number 2175958015 which is the proceeds of fraud and theft.
(a copy of which can be obtained from the person motioned in par 9 hereunder.)

This notice is addressed to: Sibongakonke Ntuli and all other 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.

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.

                                This gazette is also available free online at www.gpwonline.co.za
32  No. 49760                      GOVERNMENT GAZETTE, 24 November 2023