Ahmed Dirish and any person who may have an interest in a cash amount of
Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?
- Party
- Ahmed Dirish and any person who may have an interest in a cash amount of
- Date
- 2023-11-06
Case
- Case number
- 2023/111695
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Ahmed Dirish and any person who may have an interest in a cash amount of
Asset description
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.
Identifiers
- Cash amount
- R100 000,
From the gazette
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.
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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
application by the applicant for a forfeiture order in respect of the property.
7. 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.
8. You may, on good cause shown (including the non-availability of any other suitable remedy to protect your
legitimate rights or interests), upon delivery of not less than 24 hours' notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, and within 14 days of becoming aware
of the order, apply for reconsideration of the order.
9. 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
This gazette is also available free online at www.gpwonline.co.za
34 No. 49834 GOVERNMENT GAZETTE, 8 December 2023