Katlego Radebe
Court order seizes property linked to crime · Published 2024-05-31 · What is a POCA?
- Party
- Katlego Radebe
- Date
- 2024-03-27
Case
- Court
- East London Circuit Court on 27 March 2024 in case number EL 546/2024 in relation
Parties addressed
- Katlego Radebe
Asset description
R10 100 including interest in Capitec Bank account number 189 510 648 4 which is the proceeds of unlawful activities (a copy of which can be obtained from the person motioned in par 9 hereunder.
From the gazette
NATIONAL / NASIONAAL
Case No: EL546/2024
Docex: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, East London Circuit Court)
East London, 2024-03-27, Before Acting Justice Ncalo
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In relation to: R10 100 including interest in Capitec Bank account number 189 510 648 4 which is the
proceeds of unlawful activities (a copy of which can be obtained from the person motioned in par 9 hereunder.)
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
(East London Circuit Court on 27 March 2024 in case number EL 546/2024 in relation to: R10 100 including interest
in Capitec Bank account number 189 510 648 4 which is the proceeds of unlawful activities (a copy of which can be
obtained from the person motioned in par 9 hereunder.
This notice is addressed to Katlego Radebe 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 EAST,
LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
Case No: 864/2024
Docex: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, Makhanda)
Makhanda, 2024-03-12, Before Acting Justice Notyesi
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In relation to: Isuzu KB 250D Bakkie with registration number BV 59CS GP and a Jeep Patriot 2.4 CVT
with registration number JT 59 CVT which are instrumentalities of an offence and were seized by the South
African Police Service in Molteno and held under Molteno CAS 06/12/21
annexure a
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)