Notice

Court order seizes property linked to crime · Published 2024-09-27 · What is a POCA?

Date
2024-08-22

Case

Case number
16804/2024
Court
Western Cape Division, Cape Town

Asset description

property described as a grey Chevrolet Optra motor vehicle with registration number CF 296692 seized by members of the Metro Police K9 Unit at Delft area on 9 November 2022. (a copy of the application and order can be obtained from the person mentioned in para 9 hereunder).

From the gazette

                                                                                                         Case No: 16804/2024
                                            IN THE HIGH COURT OF SOUTH AFRICA
                                           (WESTERN CAPE DIVISION, CAPE TOWN)
                             CAPE TOWN, 2024-08-22, Before the Honourable Mr Justice Thulare
                    In the matter between: The National Director of Public Prosecutions, Applicant
           In re: In re: A grey Chevrolet motor vehicle with registration number CF 296692.
   An application for a preservation order in terms of Section 38(1) of the Prevention of Organised Crime Act,
                                                           121 of 1998
                                                         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 22 August 2024 in case number 16804/2024 in relation to: property described
 as a grey Chevrolet Optra motor vehicle with registration number CF 296692 seized by members of the Metro Police
 K9 Unit at Delft area on 9 November 2022. (a copy of the application and order can be obtained from the person
 mentioned in para 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 Aphiwe Kondlo, 5th Floor, 22 Long Street, CAPE TOWN. His contact details are as follows: Tel: 021 441
 9292. Email: AKondlo@justice.gov.za.
           National Prosecuting Authority, 115 Buitengracht Street, Cape Town. E-mail: TMarco@npa.gov.za. Tel: (021)
 487-7159.
           Date Submitted: 2024-08-30.
                                                    ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 27 September 2024                                          No. 51287   39

                                                                                                          Case No: 9150/2024
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
             POLOKWANE, 2024-08-26, Before the Honourable: Judge President M G Phatudi, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
           In re: Cash amount of R165 400 seized by members of the South African Police Service in the Jane Furse
policing area on 16 April 2024 under case docket Jane Furse CAS 97/04/2024 and held at Jane Furse Police station
with reference SAP13 229/2024.
     IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
       NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
           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 0of 1998 in the High Court of South Africa
(Limpopo Local Division, Polokwane) on the 26th day of August 2024 in case number 9150/2024 in relation to: Cash
amount of R165 400 seized by members of the South African Police Service in the Jane Furse policing area on 16 April
2024 under case docket Jane Furse CAS 97/04/2024 and held at Jane Furse Police station with reference SAP13
229/2024 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
           1. This notice is addressed to Charinet Desalegn Masebo residing at Morena Hotel, Stand number 10223,
Section C, Jane Furse, Limpopo Province; and to all other persons who may have an interest in the property described
above.
           Take notice that:
           2) 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.
           3) 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 an order declaring the property forfeit to the state. The order will remain in
force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
           4) 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 sections 39(3), (4) and (5) of the
POCA. An appearance must comply with these requirements;
           5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 4 above;
           6) 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;
           7) 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.
           8) 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.

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