Notice

Court order seizes property linked to crime · Published 2024-11-08 · What is a POCA?

Date
2024-10-17

Case

Case number
21996/2024
Court
Western Cape Division, Cape Town

Asset description

property described as a silver Toyota Corolla Verso motor vehicle with registration number CAA 33746 seized by members of the South African Police Service near Paarl on 4 October 2023. (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.

From the gazette

                                                                                          Case No: 21996/2024
                                  IN THE HIGH COURT OF SOUTH AFRICA
 (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap) CAPE TOWN, 2024-10-17, Before
                                     the Honourable Ms. Justice Kusevitsky
 In the matter between: The National Director of Public Prosecutions Applicant, Applicant In re: A silver Toyota
  Corolla Verso motor vehicle with registration number CAA 33746 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 (Western Cape Division, Cape Town) on 17 October 2024 in case number
21996/2024 in relation to: property described as a silver Toyota Corolla Verso motor vehicle with registration
number CAA 33746 seized by members of the South African Police Service near Paarl on 4 October 2023. (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

                            This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 08 NOVEMBER 2024                                  No. 51524       49

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: The State
Attorney: Colleen Bailey,5th Floor22 Long StreetCAPE TOWNHer contact details are as follows:Tel: 021 441
9206Email: CoBailey@justice.gov.za
  National Prosecuting       Authority,    115   Buitengracht    Street    Cape    Town,    Tel:   0214877159,     Email:
TMarco@npa.gov.za.
  Date submitted: 2024-10-25

                                                                                            Case No: 20390/24
                                  IN THE HIGH COURT OF SOUTH AFRICA
     (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap) CAPE TOWN, 2024-10-15,
                     BEFORE THE HONOURABLE MS ACTING JUSTICE DLAMINI-SMIT
  In the matter between: The National Director of Public Prosecutions Applicant, Applicant In re: 1996 Nissan
 Truck, with registration number CAA 140483 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 (Western Cape Division, Cape Town) on the 15th day of October 2024, in
case number 20390/24, in relation to: a 1996 Nissan Truck, with registration number CAA 140483, seized by
members of the SAPS on 08 September 2020 near Gansbaai, in the Overberg Region of the Western Cape,
under reference Gansbaai CAS 28/09/2020. (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder). This notice is addressed to Mike Nkhoma and 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

Source