Notice

HAVING read the documents filed of record, heard counsel, and considered the matter:
                                                IT IS ORDERED THAT:
         6.        The Rule nisi is hereby extended to the 17 SEPTEMBER 2024
         APPLICANT ATTORNEYS: Pratt Luyt & de Lange Attorneys, Platinum Park, 20 Watermelon Street, Legnum
Park, Bendor, 0699. Tel no: 015 - 297 0186. E-MAIL: Benhardt@prattluyt.co.za
         PRATT LUYT & DE LANGE ATTORNEYS, P O BOX 827, BENDOR PARK, 0713. Tel: (0152970186. E-mail:
lizette@prattluyt.co.za.
         Date Submitted: 2024-07-11.
                                                   ----------oo0oo----------
                                                                                                        Case No: 8355/2024
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                          (WESTERN CAPE DIVISION, CAPE TOWN)
                              CAPE TOWN, 2024-05-15, Before the Honourable Mr Justice Sher
                    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 R33 930 in cash that was seized on 5 October 2020 by members of the South African Police Service.
                                                           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 15 May 2024 in case number 8355/2024 in relation to: a R33 930, in cash
seized by members of the South African Police Service on 5 October 2020. (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.
           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.

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40  No. 50982                          GOVERNMENT GAZETTE, 26 July 2024