Notice

      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 18105/2024 in relation to a white Volvo
   XC60 vehicle with registration CA603 768 seized by members of the South African Police Service on 25 August
   2021 (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.
   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

                                This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 4 Oktober 2024                                         No. 51332   53

                                                                            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