Zamisile Sam

                                                                                                    Case No: EL1026/2024
                                                                                                     Docex: 041-585 7921
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                  (Eastern Cape Division, East London Circuit Court)
                                  East London, 2024-06-25, Before Justice Norman
              In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In relation: In re: a 2006 Volkswagen Polo 1.6 with registration number DMK 702 EC, Chassis/VIN
AAVZZZ9NZ6IJ033890 and Engine number BAH286212 which was seized by the South African Police Service
on 29 January 2024 and is held under Cambridge CAS 39/01/2024 (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
(Eastern Cape Division East London) on 25 June 2024 in case number 1026/2024 in relation to: In re: a 2006
Volkswagen Polo 1.6 with registration number DMK 702 EC, Chassis/VIN AAVZZZ9NZ6IJ033890 and Engine number
BAH286212 which was seized by the South African Police Service on 29 January 2024 and is held under Cambridge
CAS 39/01/2024 (a copy of which can be obtained from the person motioned in par 9 hereunder
.
This notice is addressed to Zamisile Sam 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

                                This gazette is also available free online at www.gpwonline.co.za
  58  No. 50920                        GOVERNMENT GAZETTE, 12 July 2024