Notice
Court order seizes property linked to crime · Published 2024-10-18 · What is a POCA?
Case
- Case number
- 533/2024
- Court
- Eastern Circuit Local Division, George
From the gazette
GEORGE, 2024-09-13, Before the Honourable Mr Justice Erasmus
In the matter between: The National Director of Public Prosecutions, Applicant
In re: a white Hino Truck with registration number DKN695FS
An application for a preservation of property order in terms of section 38 of The Prevention of Organised
Crime Act 121 of 1998.
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
(Eastern Circuit Local Division, George) on 13 September 2024, in case number 533/2024 relation to: a white Hino
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Oktober 2024 No. 51649 15
Truck with registration number DKN695FS that was seized by members of the South African Police Service (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:
10. The State Attorney: Mr. Aphiwe Kondlo, 4th Floor, 22 Long Street Cape Town.
11. His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 4419292 and
Fax: (021) 421-9364 /. Email: AKondlo@justice.gov.za.
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Case No: 096997/2024
Annexure 1 of 2
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2024-10-02, BEFORE THE HONOURABLE JUSTICE VENTER AJ
In the matter between: PRISFANI HOLDINGS PTY LTD, APPLICANT, and LOUIS PETRUS STEYN,
RESPONDENT
Having read the papers and having heard counsel in the matter, the following order is made:
1. That the Respondent's estate be Provisionally Sequestrated and placed in the hands of the Master of the
High Court of South Africa, Gauteng Division, Pretoria with a return date of 05 NOVEMBER 2024, as the date that the
Respondent is requested to state why such an order should not be made final.
2. That this order be served on the Respondent Personally, as well as a copy hereof on SARS and the Master
of the High Court.
3. That this order be advertised once in the Citizen Newspaper and Government Gazette.
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This gazette is also available free online at www.gpwonline.co.za
16 No. 51649 GOVERNMENT GAZETTE, 18 October 2024