SHAUN KILLIAN

Court order seizes property linked to crime · Published 2024-03-22 · What is a POCA?

Party
SHAUN KILLIAN

Case

Case number
677/2024

Parties addressed

  • SHAUN KILLIAN

From the gazette

       Asanda Sakasa, 123 WESTLAKE                     AVENUE,        WEAVIND      PARK,      PRETORIA,       0127.    E-mail:
ASakasa@npa.gov.za. Tel: (043) 706-5100.
       Date Submitted: 2024-02-06.
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                                                                                                      Case No: 677/2024
                                                                                           P/H or Docex Nr: 041-585 7921
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              (Eastern Cape Division, Makhnada)
                           Makhanda, 2024-02-27, Before the Honorable Mister Justice Rugunanan
                                       The National Director of Public Prosecutions
In re: R17 427.50 in cash seized on 8 December 2022 and held under Graaff-Reinett CAS 77/12/022 and SAP
13/829/2022 (the property).
                                                           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 obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division, Makhanda) under case number 677/2024 in re: R17 427.50 in cash seized on 8
December 2022 and held by SAPS under Graaff- Reinett CAS 77/12/2022 and SAP 13/829/2022(the property))( a copy
of which can be obtained from the person mentioned in par 9 hereunder)
           This notice is addressed to: SHAUN KILLIAN and all other 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.
           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.
           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: STATE ATTORNEY
GQEBERHA c/o WHITESIDES, 53 Africa Street, Makhanda. Tel: 046 622 7117. barrowsec@whitesides.co.za.
           Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127. E-mail: waerasmus@justice.gov.za. Tel: (041) 585-7921.
           Date Submitted: 2024-03-07.
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                                This gazette is also available free online at www.gpwonline.co.za
32  No. 50319                         GOVERNMENT GAZETTE, 22 March 2024

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