Lionel Achoatu Bahand all other persons who may have an interest in the property
Court order seizes property linked to crime · Published 2025-02-07 · What is a POCA?
- Party
- Lionel Achoatu Bahand all other persons who may have an interest in the property
- Date
- 2024-09-17
Case
- Case number
- 3909/2024
Parties addressed
- Lionel Achoatu Bahand all other persons who may have an interest in the property
Asset description
a 2008 Ford Ranger with registration number CEY 11891 and Chassis / VN AFASXXMJ28K03444 which was seized by South African Police service on 27 March 2024 and is held under Molteno CAS 48/03/204 (a copy of which can be obtained from the person motioned in par 9 hereunder.)
From the gazette
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In re: a 2008 Ford Ranger with registration number CEY 11891 and Chassis / VN AFASXXMJ28K03444
which was seized by South African Police service on 27 March 2024 and is held under Molteno CAS 48/03/204
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 ,Makhanda ) on 17 September 2024 in case number 3909/2024 in relation
to: a 2008 Ford Ranger with registration number CEY 11891 and Chassis / VN AFASXXMJ28K03444 which was
seized by South African Police service on 27 March 2024 and is held under Molteno CAS 48/03/204 (a copy of
which can be obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Lionel Achoatu Bahand 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 EAST LONDON// BHISHO
17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 07 FEBRUARIE 2025 No. 52050 37
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
Date submitted: 2025-01-31
Case No: EL 1665/2024
Annexure: N/A
P/H or Docex Nr: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, East London Circuit Court, Eastern Cape / Oos-Kaap)
East London, 2024-09-17, Before The Honourable Madam Justice Hartle