Witness Kweka and all other persons who have an interest in the sum of R12 000 and

Court order seizes property linked to crime · Published 2024-10-25 · What is a POCA?

Party
Witness Kweka and all other persons who have an interest in the sum of R12 000 and
Date
2024-08-27

Case

Case number
2024-094240
Court
Gauteng

Parties addressed

  • Witness Kweka and all other persons who have an interest in the sum of R12 000 and

Asset description

The sum of R12 000 and various sums of foreign currency seized from Witness Kweka by the SAPS on 6 March 2024 and held under Sandton CAS 172/03/2024

From the gazette

 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 27 August 2024 in case number 2024-094240 in relation to:

 The sum of R12 000 and various sums of foreign currency seized from Witness Kweka by the SAPS on 6 March 2024
 and held under Sandton CAS 172/03/2024
 This notice is addressed to Witness Kweka and all other persons who have an interest in the sum of R12 000 and
 various sums of foreign currency seized from Witness Kweka by the South African Police Service on 6 March 2024 and
 held under Sandton CAS 172/03/2024 (the property).
 Take notice that:
 1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
 order) in terms of section 38(2) of the POCA in respect of the property.
 2. 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.
 3. 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 an order declaring the property forfeit to the state. The order will remain in force until
 the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
 4. If you intend to oppose the application for a forfeiture, 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.
 5. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA for entry of an
 appearance referred to in paragraph 4 above.
 6. 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.
 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 apply for reconsideration of the preservation order on no less than 24 hours-notice in terms of Rule 6(8)
 of the Uniform Rules of the High Court.
 9. Whenever the 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 MM Mahloko
 10th Floor, North State Building
 95 Albertina Sisulu Street
 Cnr Kruis Street
 Johannesburg
 Tel: (011) 220 4087
 Email: MeMahloko@npa.gov.za
 Ref: 2024/P14/Kweka
 Any correspondence or other enquiries must also be directed to this address or contact number.

 _____________________________________________________________________________________________

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 25 Oktober 2024                                         No. 51429   43

                                                                                    Case No: 6194/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   (LIMPOPO LOCAL DIVISION, POLOKWANE)
          POLOKWANE, 2024-06-28, Before the Honourable: ACTING JUDGE BRESLER A.J, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant

Source