Notice

Court order seizes property linked to crime · Published 2024-07-19 · What is a POCA?

ID / Reg no
2013/075107/07
Date
2024-06-14

Case

Case number
2024-062782
Court
Gauteng Division, Pretoria

Asset description

An amount of R895 833.58 and interest accrued held in Standard bank account number 51410583 in the name of Luno PTY LTD, Registration Number: 2013/075107/07 referenced “Salary 9247 DOD 67284950”.

Identifiers

Cash amount
R895 833.58
Company regs
2013/075107/07

From the gazette

                                       NATIONAL / NASIONAAL
                                                                                      Case No: 2024-062782
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                             (Gauteng Division, Pretoria )
                                  Pretoria, 2024-06-14, Honourable Justice Ledwaba
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: An amount of R895 833.58 and interest accrued held in Standard bank account number 51410583 in the
    name of Luno PTY LTD, Registration Number: 2013/075107/07 referenced “Salary 9247 DOD 67284950”.
 AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
           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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (
 Gauteng Division, Pretoria) on 14 June 2024 in case number 2024-062782 in relation to: An amount of R895 833.58
 and interest accrued held in Standard bank account number 51410583 in the name of Luno PTY LTD, Registration
 Number: 2013/075107/07 referenced “Salary 9247 DOD 67284950”.

            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 an 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 Act. 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;
            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 Act;
            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
 K Kgaphola SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
 Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 KKgaphola@justice.gov.za /or
            Kgothatso Ramogale at the VGM Building, 123 Westlake Ave ,Weavind Park, Silverton. His contact details
 are as follows Tel: 012 845 6508. Email: KRamogale@npa.gov.za
                                                    ----------oo0oo----------

                                  This gazette is also available free online at www.gpwonline.co.za
  14  No. 51295                         GOVERNMENT GAZETTE, 19 July 2024

Source