Notice

         1.4 That the costs of this application be paid by the applicants, save the costs of any opposition thereto,
and that the costs incurred by any opposition thereto, be paid by the opposing party.
         2. THAT this order be made known:-
         2.1 By one publication thereof in the South African Government Gazette;
         2.2 By one publication thereof in the local newspaper, being the Mahikeng Mail;
         2.3 By delivering thereof to each known creditor of the Applicants, by way of registered post; and
         2.4 By service thereof on the Registrar of Deeds Pretoria by Sheriff.
         CJP OELOFSE ATTORNEYS – MAHIKENG, NO 9 AERODROME CRESCENT, MAHIKENG
INDUSTRIAL, MAHIKENG. E-mail: mhk3@cjpo.co.za ; mhk@cjpo.co.za. Tel: 0186322744.
         Date Submitted: 2024-01-29.
                                                ----------oo0oo----------
                                                                                                   Case No: 21092/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                      (WESTERN CAPE DIVISION, CAPE TOWN)
                  CAPE TOWN, 2024-02-08, Before the Honourable Ms Justice Mangcu-Lockwood
                In the matter between: The National Director of Public Prosecutions, Applicant
          In re: Application for a preservation of property order in terms of Section 38 of the Prevention of Organised
Crime Act, 1998 in respect of a silver BMW 330i motor vehicle with registration number CAM 22036.
                                                             Annexure A
              NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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, 1998 in the High Court of South Africa (Western
Cape Local Division, Cape Town) on 8 February 2024 under case number 21092/2023, in relation to a silver BMW
with registration number CAM 22036 as seized by members of the South African Police Service on 27 September
2021 (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:
          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.
          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.
          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 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.
          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.
          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.

          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 POCA.
          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.
          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.
          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, 22 Long Street, Cape Town. His contact details are as follows: Private Bag X9001, Cape Town, 8000.
Tel: (021) 441 9200/ 021 441 9284. E-mail: zkarjiker@justice.gov.za.

                             This gazette is also available free online at www.gpwonline.co.za
32  No. 50294                        GOVERNMENT GAZETTE, 15 March 2024