Notice

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                                                                                                       Case No: 17513/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (WESTERN CAPE DIVISION, CAPE TOWN)
                        CAPE TOWN, 2023-11-01, Before the Honourable Ms Acting Justice Parker
                In the matter between: The National Director of Public Prosecutions, Applicant and
                                             MOSES SIBANDA, RESPONDENT
In re: In re: R127 240 in cash seized by members of the South African Police Service at the Klawer Weighbridge on
the on 23 April 2023.
                                                          “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 1 November 2023 in Case number 17513/2023, in relation to: R127 240 in cash seized by members of
the South African Police Service at the Klawer Weighbridge on the on 23 April 2023. (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.

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24  No. 49780                         GOVERNMENT GAZETTE, 1 December 2023