Notice

Court order seizes property linked to crime · Published 2024-10-04 · What is a POCA?

Date
2024-09-10

Case

Case number
18104/2024
Court
Western

Asset description

the cash amount of R6965.20 seized by members of the South African Police Service on 12 August 2022 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R6965.20

From the gazette

   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.
             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.
             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.
             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: A
   Kondlo, 4th Floor, 22 Long Street, Cape Town.
             His contact details are as follows: Private Bag X9001, Cape Town, 8000. Tel: (021) 441 9200. 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: 2024-09-16.
                                                   ----------oo0oo----------
                                                                                                      Case No: 18104/2024
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (WESTERN CAPE DIVISION, CAPE TOWN)
                             CAPE TOWN, 2024-09-10, Before the Honourable Ms Justice Fortuin
                   In the matter between: The National Director of Public Prosecutions, Applicant
             In re: In re: R6 965.20 in cash seized by members of the South African Police Service at Giel Basson
   drive, Cape Town on 12 August 2022.
                                                               ANNEXURE A
       NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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, 1998 in the High Court of South Africa (Western
   Cape Division, Cape Town) on 10 September 2024 under case number 18104/2024, in relation to the cash amount
   of R6965.20 seized by members of the South African Police Service on 12 August 2022 (a copy of the application
   and order can be obtained from the person mentioned in par 9 hereunder).
             This notice is addressed to all persons who may have an interest in the property described above.
             Take notice that:
             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.
             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.
             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.
             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.
             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.
             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.
             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.
             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.

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 4 Oktober 2024                                           No. 51332   21

         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: A
Kondlo, 4th Floor, 22 Long Street, Cape Town.
         Contact details are as follows: Private Bag X9001, Cape Town, 8000. Tel: (021) 441 9200. Email:
akondlo@justice.gov.za.
         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: 2024-09-16.
                                                 ----------oo0oo----------
                                                                                                    Case No: 18106/2024
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (WESTERN CAPE DIVISION, CAPE TOWN)
                            CAPE TOWN, 2024-09-09, Before the Honourable Mr Justice Nuku
                 In the matter between: The National Director of Public Prosecutions, Applicant
           In re: In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in
respect of R75 369 in cash that was seized by members of the South African Police Service on 25 June 2023.
                                                              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 9 September 2024 in case number 18106/2024, in relation to: a R75 360,
in cash seized by members of the South African Police Service on 25 June 2023. (a copy of the application and
order can be obtained from the person mentioned in par 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,

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