Ezike Fidelis Asogwa

Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?

Party
Ezike Fidelis Asogwa
ID / Reg no
MALA851CM302004
Date
2024-08-06

Case

Parties addressed

  • Ezike Fidelis Asogwa

Asset description

re: a 2014 Hyundai Grand i10 1.2 Automatic with registration number KCT 456 EC and Chassis/VIN MALA851CM302004 and R1 095 which was seized by the South African Police Service on 21 March 2024 and is held under King Williams Town CAS 245/03/2024.

Identifiers

VINs
MALA851CM302004

From the gazette

        WILLIAM KOCH ATTORNEYS INC, 95 VOORTREKKER ROAD, MALMESBURY, WESTERN CAPE. E-mail:
william@kochlaw.co.za. Tel: (022) 125-0610.
        Date Submitted: 2024-08-20.
                                                   ----------oo0oo----------
                                                                                                     Case No: 3271/2024
                                                                                           P/H or Docex Nr: 041-585 7921
                                            IN THE HIGH COURT OF SOUTH AFRICA
                                               (Eastern Cape Division, MAKHANDA)
                                         MAKHANDA, 2024-08-06, Before Justice LOWE
                       In the ex parte application of: The National Director of Public Prosecutions
          In re: I: In relation; In re: A 2014 Hyundai Grand i10 1.2 Automatic with registration number KCT 456 EC and
Chassis/VIN MALA851CM302004 and R1 095 which was seized by the South African Police Service on 21 March 2024
and is held under King Williams Town CAS 245/03/2024.
                                                                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 Makhanda) on 06 August 2024 in case number 3271 /2024 in relation to: re: a
2014 Hyundai Grand i10 1.2 Automatic with registration number KCT 456 EC and Chassis/VIN MALA851CM302004
and R1 095 which was seized by the South African Police Service on 21 March 2024 and is held under King Williams
Town CAS 245/03/2024.
          This notice is addressed to Ezike Fidelis Asogwa 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
          ASANDA SAKASA, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127. E-mail:
ASakasa@npa.gov.za. Tel: (043) 706-5100.
          Date Submitted: 2024-08-21.

                                This gazette is also available free online at www.gpwonline.co.za
28  No. 51129                         GOVERNMENT GAZETTE, 30 August 2024

Source