BASIRAI KADZUNGE

Court order seizes property linked to crime · Published 2024-04-12 · What is a POCA?

Party
BASIRAI KADZUNGE

Case

Case number
942/2024

Parties addressed

  • BASIRAI KADZUNGE

From the gazette

                                                                                                        Case No: 942/2024
                                                                                             P/H or Docex No: 041-585 7921
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                             (Eastern Cape Division, Gqeberha)
                           Gqeberha, 2024-03-19, Before the Honorable Mister Justice Griffiths
                                           The National Director of Public Prosecutions
In re: A white SAIC motor vehicle with registration number CY 50633 seized on 9 December 2023 and held under
Patensie CAS 14/12/2023 (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, Gqeberha) under Case number 942/2024 in re: A white SAIC motor vehicle with
registration number CY 50633 seized on 9 December 2023 and held under Patensie CAS 14/12/2023(the property))
( a copy of which can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to BASIRAI KADZUNGE 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, 29 Western Road, Central, Gqeberha, Tel: 041 585 7921,
              WaErasmus@justice.gov.za.
          Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127. Tel: (0415857921. E-mail: waerasmus@justice.gov.za.
          Date Submitted: 2024-03-25.
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                                 This gazette is also available free online at www.gpwonline.co.za
46  No. 50456                            GOVERNMENT GAZETTE, 12 April 2024

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