DALTON WESSELS
Court order seizes property linked to crime · Published 2024-11-22 · What is a POCA?
- Party
- DALTON WESSELS
- Date
- 2024-08-23
Case
- Case number
- 3922/2024
- Court
- KwaZulu - Natal Division- DURBAN, KwaZulu-Natal
Parties addressed
- DALTON WESSELS
Asset description
R63 822,57 held in Capitec bank account number 1835232491; Ford Everest (vehicle register number: FMC334X) with registration number LT75SPGP; and Audi Q5 with registration number NU64363
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 3922/2024 in re : R11 590 in cash seized on
7 February 2023 and held by SAPS under Graaff- Reinett CAS 75/02/2023 (the property)(the property)( a copy of
which can be obtained from the person mentioned in par 9 hereunder)
This notice is addressed to DALTON WESSELS and 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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 22 NOVEMBER 2024 No. 51631 41
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 c/o Nolte Smith
51A Hill Street, Makhanda
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127, Tel: 0415857921, Email: waerasmus@justice.gov.za.
Date submitted: 2024-11-06
KWAZULU-NATAL
Case No: D9842/24
IN THE HIGH COURT OF SOUTH AFRICA
(KwaZulu - Natal Division- DURBAN, KwaZulu-Natal)
DURBAN, 2024-08-23, BEFORE THE HONOURABLE JUDGE OLIFF
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS,APPLICANT,
Applicant
In re: R63 822,57 held in Capitec bank account number 1835232491; Ford Everest (vehicle register number:
FMC334X) with registration number LT75SPGP; and Audi Q5 with registration number NU64363
NOTICE IN TERMS OF SECTION 38(1) 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 (Kwazulu-Natal Division, Durban) on 23 August 2024 in case number D9842/2024 in relation to
R63 822,57 held in Capitec bank account number 1835232491;
Ford Everest (vehicle register number: FMC334X) with registration number LT75SPGP; and
Audi Q5 with registration number NU64363
This notice is addressed to Bertilda Bernice Bouwer, G Vosloo, Silindile Mthunzi Gumede and all other
persons who may have an interest in the property described above.
Take notice that:
1If 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.
2You 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.
This gazette is also available free online at www.gpwonline.co.za
42 No. 51631 GOVERNMENT GAZETTE, 22 NOVEMBER 2024