Notice

         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,

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 A 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.

                              This gazette is also available free online at www.gpwonline.co.za
22  No. 51332                         GOVERNMENT GAZETTE, 4 October 2024