Lenus Charl Wilkinson

                                                                                                       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.

          8          You may, on good cause shown (including the non-availability of any other suitable remedy to protect
your legitimate rights or interests), upon delivery of not less than 24 hours-notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, and within 8 days of becoming aware of
the order, apply for reconsideration of the order.
          9          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.

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42  No. 51287                      GOVERNMENT GAZETTE, 27 September 2024