Phetob Investment

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

Party
Phetob Investment
Date
2024-04-10

Case

Case number
2024-030686
Court
Gauteng Division, Johannesburg

Parties addressed

  • Phetob Investment

Asset description

The sum of R59 482.50 in cash kept by South African Police Service and held under South African Police Service criminal case docket reference number: Douglasdale CAS 396/08/2023 and SAP13 reference number 615/2023, taking number: 162072457 and purpose receipt number:29382746.

From the gazette

        10       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 M Mahloko, Attorneys for Applicant, 10th Floor, North State Building, 99 Albertina
 Sisulu Street, Johannesburg. Ref: Mr M Mahloko/P14/Project Greedy I. Tel: 081 787 6363. Email:
 MeMahloko@npa.gov.za.
        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.
                                                    ----------oo0oo----------
                                                                                                       Case No: 2024-030686
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, JOHANNESBURG)
                     JOHANNESBURG, 2024-04-10, BEFORE THE HONOURABLE JUSTICE MANOIM
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
           In re: The sum of R59 482.50 in cash kept by South African Police Service and held under South African
 Police Service criminal case docket reference number: Douglasdale CAS 396/08/2023 and SAP13 reference number
 615/2023, taking number: 162072457 and purpose receipt number:29382746.
  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 10 April 2024 in case number 2024-030686, in relation to:
           The sum of R59 482.50 in cash kept by South African Police Service and held under South African Police
 Service criminal case docket reference number: Douglasdale CAS 396/08/2023 and SAP13 reference number
 615/2023, taking number: 162072457 and purpose receipt number:29382746.
           This notice is addressed to Phetob Investment, and all persons who may have an interest the sum of R59
 482.50 in cash deposited into the SAPS head office Absa account and held under South African Police Service criminal
 case docket reference number Douglasdale CAS 396/08/2023 and SAP13/615/2023, taking number 162072457 and
 purpose receipt number 29382746 (“the property”).
           TAKE NOTICE THAT:
           1. The National Director of Public Prosecutions has obtained a preservation order (the order) a copy of which
 is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (POCA) in
 respect of the property.
           2. If you have an interest in the property, you must understand that it is now at risk. You will be well advised
 to obtain legal advice on whether your interest can be protected, if so how to protect it.
           3.    You are advised that the National Director of Public Prosecutions will, within 90 days of the publication
 of this notice, apply to the High Court under section 48 of the POCA, for an order declaring the property forfeited to the
 state. The order will remain in force until the application for forfeiture order is finalised, and until any forfeiture order
 that is made final.
           4.     If you intend opposing the application for forfeiture, or if you intend applying for an order excluding your
 interest from the property, you must enter an appearance in terms of section 39(1), (4), and (5) of the POCA.
           5.    If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice by the

 applicant of the application for a forfeiture order in respect of the property.
           6.     If you fail to enter an appearance, the court may grant an order forfeiting the property to the state by
 default under section 53 of POCA.
           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.
            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

                                This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 27 September 2024                                        No. 51287   43

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.
          10. 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:
Applicant's attorneys, 10th Floor, North State Building, 99 Albertina Sisulu Street, JOHANNESBURG. Tel: (011) 220-
4087. Email: MeMahloko@npa.gov.za. Ref: P14- M Mahloko /P14 Kwangari H (1).
          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.
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                               This gazette is also available free online at www.gpwonline.co.za
 44  No. 51287                      GOVERNMENT GAZETTE, 27 September 2024

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