NOTATU MAXAZA (Ms MAXAZA)

Court order seizes property linked to crime · Published 2024-06-07 · What is a POCA?

Party
NOTATU MAXAZA (Ms MAXAZA)

Case

Case number
1946/2024

Parties addressed

  • NOTATU MAXAZA (Ms MAXAZA)

From the gazette

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                                                                                                     Case No: 1946/2024
                                                                                           P/H or Docex Nr: 041-585 7921
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              (Eastern Cape Division, Gqeberha)
                   Makhanda, 2024-05-14, Before the Honorable Madam Justice Cengani- Mbakaza AJ
                                       The National Director of Public Prosecutions
          In re: R13 486.20 in cash seized on 25 June 2023 and held by SAPS under Joza CAS 108/06/2023 and SAP
13/472/2023 (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, Makhanda) under Case number 1946/2024 in re: R13 486.20 in cash seized on
25 June 2023 and held by SAPS under Joza CAS 108/06/2023 and SAP 13/472/2023 (the property) (a copy of which
can be obtained from the person mentioned in par 9 hereunder)
          This notice is addressed to NOTATU MAXAZA (Ms MAXAZA) 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.

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 50763                            GOVERNMENT GAZETTE, 7 June 2024

Source