CLAUDE NELSON

                                                                                                   Case No: 2975/2024
                                                                                         P/H or Docex Nr: 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              (Eastern Cape Division, Gqeberha)
                            Gqeberha, 2024-08-13, Before the Honorable Madam Justice Beshe
                     In the ex parte application of: The National Director of Public Prosecutions
          In re: R33 671.40 in cash seized on 6 October 2023 and held by SAPS under Gelvandale CAS 55/10/2023
and SAP 13/1014/2023 (the property).
                                                           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, Gqeberha) under case number 2975/2024 in re : R33 671.40 in cash seized on 6
October 2023 and held by SAPS under Gelvandale CAS 55/10/2023 and SAP 13/1014/2023 (the property) ( a copy of
which can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to CLAUDE NELSON 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 GQEBERHA, 29 Western Road, Central, Gqeberha, Tel: (041) 585-7921, WaErasmus@justice.gov.za.
          Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127. E-mail: waerasmus@justice.gov.za. Tel: (041) 585-7921.
          Date Submitted: 2024-08-15.
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84  No. 51129                        GOVERNMENT GAZETTE, 30 August 2024