Notice

Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?

Case

Case number
18040/2023
Court
Eastern Circuit Local Division, George

Asset description

Cash in the sum of R32 182.10 that was seized by members of the South African Police Service (SAPS) on 11 August 2022 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

            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) 441-9274 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.
 Date Submitted: 2023-11-15.
                                                    ----------oo0oo----------
                                                                                                        Case No: 18040/2023
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                       (EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
                               CAPE TOWN, 2023-10-20, Before the Honourable Judge Henney
                     In the matter between: The National Director of Public Prosecutions, Applicant
 In re: In re: Cash in the sum of R32 182.10.
             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
 (Eastern Circuit Local Division, George) on 20 October 2023, in Case number 18040/2023, in relation to: Cash in the
 sum of R32 182.10 that was seized by members of the South African Police Service (SAPS) on 11 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 8 Desember 2023                                        No. 49834   33

        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:
        10. The State Attorney: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
        11. His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax:
(021) 421-9364 /. E-mail: ZKarjiker@justice.gov.za.
        National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: 021 441
9200.
        Date Submitted: 2023-11-15.
                                                  ----------oo0oo----------
                                                                                                   Case No: 2023/111695
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                         (GAUTENG DIVISION, JOHANNESBURG)
                JOHANNESBURG, 2023-11-06, BEFORE THE HONOURABLE JUSTICE CRUTCHFIELD
                        THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
          In re: Cash in the amount of R100 000, held in the SAPS Finance account, seized by the police on
29 December 2022 under Docket reference Lenasia South CAS 234/12/2022.
 AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
  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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 6 November 2023 in Case number 2023/111695, in relation to:
          Cash in the amount of R100 000, held in the SAPS Finance account, seized by the police on 29 December
2022, under Docket reference Lenasia South CAS 234/12/2022.
          This notice is addressed to: Ahmed Dirish and any person who may have an interest in a cash amount of
R100 000, held in the SAPS Finance account, seized by the police on 29 December 2022, under Docket reference
Lenasia South CAS 234/12/2022 (the property).
          Take notice that:
          1. The National Director of Public Prosecutions (National Director) is granted a preservation of property
                order (the preservation order) in respect of the property, in terms of section 38 (2) of the Prevention of
                Organised Crime Act 121 of 1998 (POCA), a copy of which is obtainable from the State Attorney,
                Johannesburg.
          2. 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.
          3. 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.
          4. 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 section 39 (3), (4) and (5) of
the POCA. An appearance must comply with these requirements.
          5. 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 4 above.
          6. If you enter an appearance in terms of the order you will be entitled to be given 14 days notice of the

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