Notice

Court order seizes property linked to crime · Published 2024-06-21 · What is a POCA?

Date
2024-05-08

Case

Case number
7470/2024
Court
Western Cape

Asset description

a R173 080, in cash seized by members of the South African Police Service on 27 October 2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

           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 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, 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.
           5. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA for 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 apply for reconsideration of the preservation order on no less than 24 hours-notice in terms of
 Rule 6(8) of the Uniform Rules of the High Court.
           9. Whenever the 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: The State Attorney,
 Mr MM Mahloko, 10th Floor, North State Building, 95 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg. Tel:
 (011) 220-4087. E-mail: MeMahloko@npa.gov.za. Ref: 1536/2024/P14.
           Any correspondence or other enquiries must also be directed to this address or contact number.
           National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
 Johannesburg. E-mail: MeMahloko@npa.gov.za. Tel: (011) 220-4087.
           Date Submitted: 2024-06-10.
                                                    ----------oo0oo----------
                                                                                                         Case No: 7470/2024
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                          (WESTERN CAPE DIVISION, CAPE TOWN)
                      CAPE TOWN, 2024-05-08, Before the Honourable Ms Acting Justice Dlamini-Smit
                    In the matter between: The National Director of Public Prosecutions, Applicant
           In re: In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect
 of R173 080 in cash that was seized by members of the South African Police Service on 27 October 2022.
                                                            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 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 (Western Cape
 Division, Cape Town) on 8 May 2024 in Case number 7470/2024, in relation to: a R173 080, in cash seized by members
 of the South African Police Service on 27 October 2022. (a copy of the application and order can be obtained from the
 person mentioned in par 9 hereunder).

 This notice is addressed to all 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 and must be delivered to the office of the State
 Attorney at the address mentioned in paragraph 9, below.
           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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 21 Junie 2024                                       No. 50836   47

           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: The State Attorney:
Mr Z Karjiker, 5th Floor, 22 Long Street, CAPE TOWN.
           His contact details are as follows: Tel: (021) 441 9301. E-mail: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: (021) 441-9200.
Date Submitted: 2024-05-21.
                                                  ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
  48  No. 50836                       GOVERNMENT GAZETTE, 21 June 2024

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