Notice
Court order seizes property linked to crime · Published 2024-09-27 · What is a POCA?
- Date
- 2024-09-09
Case
- Case number
- 2024-099996
- Court
- Gauteng Division, Johannesburg
Asset description
The amount of R19 500 in cash seized in connection with investigations under Middelburg Enquiry 03/02/2019, which resulted in the registration of various criminal case dockets under Cleveland CAS 177/08/2019, Cleveland CAS 179/08/2019, Kempton Park CAS 230/08/2019, Cleveland CAS 180/08/2019 and Cleveland CAS 181/08/2019, currently in the possession of the applicant in Johannesburg. 1.
Identifiers
- Cash amount
- R19 500
From the gazette
Case No: 2024-099996
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-09-09, BEFORE THE HONOURABLE JUSTICE MAKUME J in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R19 500 in cash seized in connection with investigations under Middelburg Enquiry
03/02/2019, which resulted in the registration of various criminal case dockets under Cleveland CAS 177/08/2019,
Cleveland CAS 179/08/2019, Kempton Park CAS 230/08/2019, Cleveland CAS 180/08/2019 and Cleveland CAS
181/08/2019, currently in the possession of the applicant in Johannesburg.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 09 September 2024 in case number 2024-099996, in relation to:
The amount of R19 500 in cash seized in connection with investigations under Middelburg Enquiry
03/02/2019, which resulted in the registration of various criminal case dockets under Cleveland CAS 177/08/2019,
Cleveland CAS 179/08/2019, Kempton Park CAS 230/08/2019, Cleveland CAS 180/08/2019 and Cleveland CAS
181/08/2019, currently in the possession of the applicant in Johannesburg.
1. This notice is addressed to all persons who have an interest in the amount of R19 500 in cash seized in
connection with investigations under Middelburg Enquiry 03/02/2019, which resulted in the registration of various
criminal case dockets under Cleveland CAS 177/08/2019, Cleveland CAS 179/08/2019, Kempton Park CAS
230/08/2019, Cleveland CAS 180/08/2019 and Cleveland CAS 181/08/2019, currently in the possession of the
applicant in Johannesburg (the property).
Take notice that:
2 The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect
of the property.
3 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.
4 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.
5 If you intend to oppose the application for a forfeiture, 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.
6 Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA
for entry of an appearance referred to in paragraph 4 above.
7 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.
8 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.
9 You may apply for reconsideration of the preservation order on no less than 24 hours-notice in terms
of Rule 6(8) of the Uniform Rules of the High Court.
10 Whenever the 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 M Mahloko, 10th Floor, North State Building, 95 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg. Tel: (011)
220 4087. Email: MeMahloko@npa.gov.za. Ref: 2024/P14/Huang.
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg. E-mail: MeMahloko@npa.gov.za. Tel: (011) 220-4087.
Date Submitted: 2024-09-16.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 27 September 2024 No. 51287 41
Case No: 2024-050464
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-05-15, BEFORE THE HONOURABLE WANLESS J IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: All unwrought gold seized by South African Police Service on 12 February 2018 and held in safe custody
under SAPS criminal case docket reference number: Primrose CAS 102/02/2018 and SAP13 reference number: West
Rand Org Crime SAP13B/24/2018.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 15 May 2024 in case number 2024-050464, in relation to:
All unwrought gold seized by South African Police Service on 12 February 2018 and held in safe custody
under SAPS criminal case docket reference number: Primrose CAS 102/02/2018 and SAP13 reference number: West
Rand Org Crime SAP13B/24/2018.
This notice is addressed to Lenus Charl Wilkinson and all other persons who may have an interest in all
unwrought gold seized by the South African Police Service on 12 February 2018 and held in safe custody under SAPS
criminal case docket reference number: Primrose CAS 102/02/2018 and SAP13 reference number: West Rand Org
Crime SAP13B/24/2018 (the property).
TAKE NOTICE THAT:
1 The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the preservation order) in respect of the property, in terms of section 38(2) of the POCA, a copy of which
is obtainable from the State Attorney's office in Johannesburg.
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 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.
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 in sections 39(3), (4)
and (5) of the POCA. An appearance must comply with these requirements.
5 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 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.