Edgar Agostinho Zandamela ( Zandamela) and all other persons who have an

Court order seizes property linked to crime · Published 2025-03-07 · What is a POCA?

Party
Edgar Agostinho Zandamela ( Zandamela) and all other persons who have an
Date
2024-12-10

Case

Case number
2024-144357

Parties addressed

  • Edgar Agostinho Zandamela ( Zandamela) and all other persons who have an

Asset description

The sum of R14 800 in cash seized from Edgar Agostinho Zandamela by members of the SAPS on 2 August 2024 and held under FAIRLAND CAS 06/08/2024

From the gazette

  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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Johannesburg) on 10 December 2024 in case number 2024-144357 in relation to:
  The sum of R14 800 in cash seized from Edgar Agostinho Zandamela by members of the SAPS on 2 August
  2024 and held under FAIRLAND CAS 06/08/2024
   This notice is addressed to Edgar Agostinho Zandamela ( Zandamela) and all other persons who have an
interest in the sum of R14 800 in cash seized from Zandamela by members of the South African Police Service (
SAPS) on 2 August 2024 and held under FAIRLAND CAS 06/08/2024 ( the property).
  Take notice that:
   1. The National Director of Public Prosecutions ( National Director) has obtained a preservation of property
order ( the order) in terms of section 38(2) of the POCA in respect of the property.
  2. 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.
  3. 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 an order declaring the property forfeit to the state. The order will
remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied.
   4. If you intend to oppose the application for a forfeiture, 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.
  5. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA for
entry of an appearance referred to in paragraph 4 above.
  6. 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.
   7. 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.
  8. You may apply for reconsideration of the preservation order on no less than 24 hours-notice in terms of
Rule 6(8) of the Uniform Rules of the High Court.
  9. Whenever the 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 MM Mahloko
  10 th Floor, North State Building
  95 Albertina Sisulu Street
  Cnr Kruis Street
  Johannesburg
  Tel: (011) 220 4087
  Email: MeMahloko@npa.gov.za
  Ref: 2024/P14/Zandamela E
  Any correspondence or other enquiries must also be directed to this address or contact number.
  National Prosecuting Authority ( Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg, Tel: 0112204087, Email: MeMahloko@npa.gov.za.
  Date submitted: 2025-02-28

                            This gazette is also available free online at www.gpwonline.co.za
   46     No. 52221                       GOVERNMENT GAZETTE, 07 MARCH 2025

Source