Bakhe Lusiki (910315 5913 083), Patrick Professor Khoza (930909 6610 080) and
Court order seizes property linked to crime · Published 2023-12-22 · What is a POCA?
- Party
- Bakhe Lusiki (910315 5913 083), Patrick Professor Khoza (930909 6610 080) and
- Date
- 2023-11-27
Case
- Case number
- 2023/122731
- Court
- Gauteng
Parties addressed
- Bakhe Lusiki (910315 5913 083), Patrick Professor Khoza (930909 6610 080) and
Asset description
The sum of R9 862 in cash seized by members of the SAPS on 15 April 2023 and subsequently deposited into SAPS Head Office ABSA account number 4054522787 under reference number SAP13/9241/2023 on 10 May 2023, with taking number 156717573 and purpose receipt number 28636430. 1.
From the gazette
Case No: 2023/122731
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-11-27, BEFORE THE HONOURABLE JUDGE R STRYDOM
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R9 862 in cash seized by members of the SAPS on 15 April 2023 and subsequently deposited into
SAPS Head Office ABSA account number 4054522787 under reference number SAP13/9241/2023 on 10 May 2023,
with taking number 156717573 and purpose receipt number 28636430.
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 27 November 2023 in case number 2023/122731, in relation to: The sum of R9 862 in cash
seized by members of the SAPS on 15 April 2023 and subsequently deposited into SAPS Head Office ABSA account
number 4054522787 under reference number SAP13/9241/2023 on 10 May 2023, with taking number 156717573 and
purpose receipt number 28636430.
1. This notice is addressed to: Bakhe Lusiki (910315 5913 083), Patrick Professor Khoza (930909 6610 080) and
all other persons who have an interest in the sum of R9 862 in cash seized by the SAPS on 15 April 2023 and
subsequently deposited into SAPS Head Office account number 4054522787 under reference number
SAP13/9241/2023 on 10 May 2023, with taking number 156717573 and purpose receipt number 28636430 (the
property).
Take notice that:
2. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order) in terms of section 38(2) of the POCA in respect of the property;
3. 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;
4. 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 an order declaring the property forfeit to the state. The order will remain in force until
the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
5. If you intend to oppose the application for a forfeiture, 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;
6. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA for entry of an
appearance referred to in paragraph 5 above;
7. 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;
8. 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;
9. 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.
10. 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 5 and 6 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.
11. Whenever the 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,
Applicant's Attorneys, 10th Floor, North State Building, 95 Albertina Sisulu Street, JOHANNESBURG. Refer to: MR
MM MAHLOKO. REF: 2023/P14 (Lusiki B). TEL: (011) 220 4087. E-mail: MeMahloko@npa.gov.za.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 22 Desember 2023 No. 49930 31
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets, Johannesburg.
E-mail: MeMahloko@npa.gov.za. Tel: 011 220 4087.
Date Submitted: 2023-12-11.
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Case No: 7715/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
CAPE TOWN, 2023-11-07, Before the Honourable MS JUSTICE MANTAME
In the matter between: The National Director of Public Prosecutions Applicant
In re: In re: - Application for a forfeiture of property order in terms of section 48 of the Prevention of Organised Crime
Act 121 of 1998, in respect of a vehicle described as a Silver Toyota Corolla with registration number CAA 273 267,
Engine number IZRU912204, currently subject to a preservation order dated 13 June 2023.
In the high court of South Africa
(WESTERN CAPE DIVISION, CAPE TOWN)
Case No: 7715 / 2023
CAPE TOWN, TUESDAY, the 7th of November 2023, BEFORE THE HONOURABLE MS JUSTICE MANTAME
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: - Application for a forfeiture of property order in terms of section 48 of the Prevention of Organised Crime Act 121
of 1998, in respect of a vehicle described as a Silver Toyota Corolla with registration number CAA 273 267, Engine
number IZRU912204, currently subject to a preservation order dated 13 June 2023.
draft order
Having read the notice of motion, affidavits and annexures thereto, and having heard counsel for the Applicant:
IT IS HEREBY ORDERED THAT:
1. An order is granted in terms of the provisions of section 48 of the Prevention of Organised Crime Act 121
of 1998 (the POCA), declaring forfeit to the state the following property, which is presently subject to a preservation of
property order granted by this court under the above case number on 13 June 2023, namely:
1.1 A Silver Toyota Corolla with Registration number CAA 273 267, Engine number IZRU912204 (the
Property).
2. That the property remains under the control of the South African Police Service (SAPS) at Beaufort West
Vehicle Safeguarding Section under reference SAP13/03/2023 and docket reference Beaufort West CAS 363/01/2023,
pending the determination of this application and the granting of the forfeiture order or until this matter is otherwise
concluded.
3. The Registrar of this Court is directed in terms of section 50(5) of the POCA to publish a notice of this Order
in the Government Gazette as soon as practicable after the order is made.
4. As soon as this Order `takes effect' in terms of section 50(6) of POCA, that is within 45 days after the
Government Gazette publication referred to in Paragraph 3 hereof: -
4.1 Mrs Leigh Leaser- Enforcement Officer, in the employ of the Cape Town Asset Forfeiture Unit office of the
Applicant, or a qualified auctioneer appointed and duly authorised by the Applicant in her stead, be and is hereby
authorised to uplift the property from the SAPS for purposes of:
4.1.1 Realising the property by public auction or private treaty, whichever may yield the most return for its
value;
4.1.2 signing all documentation necessary to give effect to the sale, transfer and the registration of the
property; and
4.1.3 paying the proceeds of such realisation, after deducting such expenses as may be incurred by the sale,
into the banking account of the Criminal Asset Recovery Account held at the Reserve Bank of South Africa, Account
number 80303056 and established in terms of section 63 of POCA.
5. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days
after he or she has acquired knowledge of such order, set the matter down for variation or rescission by the Court.
6. Costs in the event of the application being opposed.
BY ORDER OF THE COURT.
COURT REGISTRAR. - HIGH COURT.
This gazette is also available free online at www.gpwonline.co.za
32 No. 49930 GOVERNMENT GAZETTE, 22 December 2023