Notice

Court order seizes property linked to crime · Published 2024-03-15 · What is a POCA?

Date
2024-02-08

Case

Case number
22923/2023
Court
Western

Asset description

a white Nissan Cabstar truck with registration number CEY 90220 as seized by members of the South African Police Service on 31 October 2022 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

          National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za . Tel: (021)
  441-9200.
          Date Submitted: 2024-02-27.
                                                  ----------oo0oo----------
                                                                                                   Case No: 22923/2023
                                         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 white Nissan Cabstar truck with Registration number CEY 90220.
            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 22923/2023, in relation to a white Nissan
  Cabstar truck with registration number CEY 90220 as seized by members of the South African Police Service on
  31 October 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:
            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.
            National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: (021)
  441-9200.
            Date Submitted: 2024-02-27.
                                                  ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 15 Maart 2024                                          No. 50294   33

                                                                                                   Case No: 21091/2023
                                       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: In re: A grey Land Rover Discovery motor vehicle with registration number CAA 326 233.
An 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
(Western Cape Division, Cape Town) on 8 February 2024 in case number 21091/2023 in relation to: property
described as a grey Land Rover Discovery motor vehicle with registration number CAA 326 233 (the vehicle) seized
by members of the South African Police Service (SAPS) near Worcester on 6 December 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

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