Hayat Shafi of 09 Dvies Street Musina, Limpopo Province and all other persons

Court order seizes property linked to crime · Published 2024-05-10 · What is a POCA?

Party
Hayat Shafi of 09 Dvies Street Musina, Limpopo Province and all other persons
Date
2023-12-07

Case

Case number
2527/2024
Court
Limpopo

Parties addressed

  • Hayat Shafi of 09 Dvies Street Musina, Limpopo Province and all other persons

Asset description

a 2013 White Toyota Quantum 2.7 Wide panel Van with registration number CV 25 BY GP, Chassis number JTFPX22P3000043609 and Engine number 2TR8561761, seized by members of the South African Police Services in the Musina policing area on 07 December 2023 under case docket number Musina Cas 02/12/2023 held at the held at the South African Police Pound at Musina reference number SAPS 13 1305/2023. (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder). 1.

From the gazette

         Any correspondence or other enquiries must also be directed to this address or contact number.
                                                   ----------oo0oo----------
                                                                                                       Case No: 1822/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   (LIMPOPO LOCAL DIVISION, POLOKWANE)
           POLOKWANE, 2024-03-22, Before the Honourable: JUDGE NAUDE - ODENDAAL, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a silver Toyota Fortuner 3.0D with registration number KTG 243 NW, seized by members of the South
African Police Service in the Rooiberg policing area on 02 May 2023, under case docket Rooiberg CAS
04/05/2023 and held at the South African Revenue Warehouse in Musina.
    IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
          NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998

           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 (Limpopo
Local Division, Polokwane) on the 22 March 2024 in case number 2527/2024 in relation to: a 2013 White Toyota
Quantum 2.7 Wide panel Van with registration number CV 25 BY GP, Chassis number JTFPX22P3000043609 and
Engine number 2TR8561761, seized by members of the South African Police Services in the Musina policing area on
07 December 2023 under case docket number Musina Cas 02/12/2023 held at the held at the South African Police
Pound at Musina reference number SAPS 13 1305/2023. (a copy of the application and order can be obtained from
the person mentioned in par 14 hereunder).
           1. This notice is addressed to Hayat Shafi of 09 Dvies Street Musina, Limpopo Province and all other persons
who may have an interest in the property described above.
           Take notice that:
           2)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.
           3)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 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;
           4)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 sections 39(3), (4) and (5) of the
POCA. An appearance must comply with these requirements and must be delivered to the office of theState Attorney
at the address mentioned in paragraph 10, below.
           5)Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 4 above;
           6)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;
           7)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.
           8)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.
           9)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.

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 50626                            GOVERNMENT GAZETTE, 10 May 2024

Source