Sakhile Amanda Dludla of M167 Vemvane Road, Kwa-Mashu, Durban, Kwa-Zulu Natal
Court order seizes property linked to crime · Published 2024-08-08 · What is a POCA?
- Party
- Sakhile Amanda Dludla of M167 Vemvane Road, Kwa-Mashu, Durban, Kwa-Zulu Natal
- Date
- 2024-07-16
Case
- Case number
- 2850/2024
- Court
- Eastern Cape Local Division,
Parties addressed
- Sakhile Amanda Dludla of M167 Vemvane Road, Kwa-Mashu, Durban, Kwa-Zulu Natal
Asset description
A credit balance, including interest,held in the Nedbank Account number 1198867477, in the sum of R26 480.29 (Twenty- Six Thounsand and Four Hundred and Eighty Rand and Twenty-nine cents), in cash, which is the proceeds of unlawful activities. ( a copy of the application and order can be obtained from the person mentioned in paragraph 9 hereunder).
From the gazette
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 Organised Crime Act ,No.121 of 1998 in the High Court of South Africa ( Eastern Cape Local Division,
Mthatha) on 16 July 2024 in case number 2850/2024 in relation to:
A credit balance, including interest,held in the Nedbank Account number 1198867477, in the sum of R26 480.29
(Twenty- Six Thounsand and Four Hundred and Eighty Rand and Twenty-nine cents), in cash, which is the proceeds
of unlawful activities. ( a copy of the application and order can be obtained from the person mentioned in paragraph 9
hereunder).
This notice is addressed to Sakhile Amanda Dludla of M167 Vemvane Road, Kwa-Mashu, Durban, Kwa-Zulu Natal
Province, and any other persons who may have an interest in the property described above.
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 also are dealt with in section 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 the 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 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 specially 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.
This gazette is also available free online at www.gpwonline.co.za
22 No. 51034 GOVERNMENT GAZETTE, 8 August 2024