X ZHUANG

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

Party
X ZHUANG

Case

Case number
3571/2024

Parties addressed

  • X ZHUANG

From the gazette

 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 obtained a preservation of property order in the High Court of South
 Africa (Eastern Cape Division, Gqeberha) under case number 3571/2024 in re : A white Ford Panel motor vehicle
 with registration number JYM 637 EC seized on 18 October 2023 and held under Kinkelbos CAS 21/10/2023 (the
 property) (a copy of which can be obtained from the person mentioned in par 9 hereunder)

 This notice is addressed to X ZHUANG and all other 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.
 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:

 STATE ATTORNEY GQEBERHA, 29 Western Road, Central, Gqeberha, Tel: 041 585 7921,
 WaErasmus@justice.gov.za

                                 This gazette is also available free online at www.gpwonline.co.za
  14  No. 51550                     GOVERNMENT GAZETTE, 25 October 2024

Source