Notice

                                                                                                  Case No: 20389/24
                                    IN THE HIGH COURT OF SOUTH AFRICA
                    (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
                CAPE TOWN, 2024-10-15, Before the Honourable Mrs Acting Justice Dlamini-Smit
             In the matter between: The National Director of Public Prosecutions Applicant, Applicant
    In re: In re: An application for a preservation of property order in terms of Section 38 of the Prevention of
 Organised Crime Act 121 of 1998, in respect of a property described as cash in the sum of R12 640 seized by
                               members of Law Enforcement on the 27 October 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_______________2024 in case number______________ in relation to: a
as property described as R12 640 in cash seized by members of Law Enforcement at Durbanville area on 27
October 2023. (a copy of the application and order can be obtained from the person mentioned in para 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

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                                   STAATSKOERANT, 08 NOVEMBER 2024                                 No. 51524       47

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 Aphiwe Kondlo, 5 th 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, Tel: 0214877159, Email:
TMarco@npa.gov.za.
  Date submitted: 2024-10-23

                                                                                          Case No: 20912/2024
                                  IN THE HIGH COURT OF SOUTH AFRICA
 (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap) CAPE TOWN, 2024-10-15, Before
                                the Honourable Ms. Acting Justice Dlamini-Smit
   In the matter between: The National Director of Public Prosecutions Applicant, Applicant In re: Application in
  terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect of a Toyota Corolla with
 registration number CFG27315 that was seized by members of the City of Cape Town on 28 November 2022.
                                                                 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 15 October 2024 in case number 20912/2024 in relation to: property described as a white Kia
Sorento motor vehicle with registration number BF 17 HB GP (the vehicle) seized by members of SAPS near Sir
Lowry's Pass on 19 April 2024. (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

                            This gazette is also available free online at www.gpwonline.co.za
   48      No. 51524                      GOVERNMENT GAZETTE, 08 NOVEMBER 2024