ONYEMAECHI ALBERT ANORUO, GCOBISA ANORUO and all other

Court order seizes property linked to crime · Published 2024-09-20 · What is a POCA?

Party
ONYEMAECHI ALBERT ANORUO, GCOBISA ANORUO and all other

Case

Case number
3265/2024

Parties addressed

  • ONYEMAECHI ALBERT ANORUO, GCOBISA ANORUO and all other

From the gazette

                                                                                                 Case No: 3265/2024
                                                                                            P/H or Docex Nr: 041-585
                                                                                                                7921
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                            (Eastern Cape Division, Gqeberha)
                          Gqeberha, 2024-09-03, Before the Honorable Mister Justice Zono AJ
                   In the ex parte application of: The National Director of Public Prosecutions
          In re: R49 197.40 in cash with additional foreign currency seized on 1 March 2024 and held by SAPS
under Swartkops CAS 07/03/2024 and SAP 13/135/2024 (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 3265/2024 in re : R49 197.40 in cash with
additional foreign currency seized on 1 March 2024 and held by SAPS under Swartkops CAS 07/03/2024 and
SAP 13/135/2024 (the property) ( a copy of which can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to ONYEMAECHI ALBERT ANORUO, GCOBISA ANORUO 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: 2024-09-04.
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                              This gazette is also available free online at www.gpwonline.co.za
26  No. 51276                    GOVERNMENT GAZETTE, 20 September 2024

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