Muhammad Nurul Kawsar , Shahriar Abbas, and all other persons who have an
Court order seizes property linked to crime · Published 2025-03-20 · What is a POCA?
- Party
- Muhammad Nurul Kawsar , Shahriar Abbas, and all other persons who have an
- ID / Reg no
- 7904106385186
- Date
- 2024-11-26
Case
- Case number
- 2024-137378
- Court
- GAUTENG DIVISION, JOHANNESBURG, Gauteng
Parties addressed
- Muhammad Nurul Kawsar , Shahriar Abbas, and all other persons who have an
Asset description
The sum of R92 680 in cash held in the SAPS Head Office ABSA account number 4054522787 under receipt number 167929291, and the sum of R246 in cash currently kept and booked in the SAP13 store at Johannesburg Police Station that was seized by the South African Police Service on 15 November 2023 under Johannesburg Central CAS 622/11/2023 and SAP13/3486/2023
Identifiers
- Company regs
- 2012/189591/07
From the gazette
In re: The sum of R92 680 in cash held in the SAPS Head Office ABSA account number 4054522787 under
receipt number 167929291, and the sum of R246 in cash currently kept and booked in the SAP13 store at
Johannesburg Police Station that was seized by the South African Police Service on 15 November 2023 under
Johannesburg Central CAS 622/11/2023 and SAP13/3486/2023
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121
OF 1998
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 26 November 2024 in case number 2024-137378 in relation to:
The sum of R92 680 in cash held in the SAPS Head Office ABSA account number 4054522787 under receipt
number 167929291, and the sum of R246 in cash currently kept and booked in the SAP13 store at Johannesburg
Police Station that was seized by the South African Police Service on 15 November 2023 under Johannesburg
Central CAS 622/11/2023 and SAP13/3486/2023
This notice is addressed to Muhammad Nurul Kawsar , Shahriar Abbas, and all other persons who have an
interest in the sum of R92 680 in cash held in the SAPS Head Office ABSA account number 4054522787 under
receipt number 167929291, and the sum of R246 in cash currently kept and booked in the SAP13 store at
Johannesburg Police Station that was seized by the South African Police Service on 15 November 2023 under
Johannesburg Central CAS 622/11/2023 and SAP13/3486/202 3( 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.
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 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 M 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: MR Mahloko/P14 (Muhammad K)
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 MAART 2025 No. 52339 29
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: 2025-03-14
Case No: 2025/35
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG, Gauteng)
JOHANNESBURG, 2025-02-11, BEFORE THE HONOURABLE JUDGE WILSON
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT,
Applicant
In re: In re: an application in terms of section 23(1)(a), (b) and (c) read with section 23(2)(a) of the Protection of
Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004 (POCDATARA)
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121
OF 1998
The National Director of Public Prosecutions (NDPP) applied for and was granted a prohibition order in terms
of section 23(1) read with section (2)(1) of POCDATARA in the High Court of South Africa (South Gauteng
Division, Johannesburg) on 11 February 2025 in case number 35/2025.
In re: an application in terms of section 23(1)(a), (b) and (c) read with section 23(2)(a) of the Protection of
Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004 (POCDATARA)
1 The order was made in relation to the following entities:
1.1 Abdirizak Mohamed Abdi Jimale (Jimale), an “entity” being “a natural person”.
1.2 Bashir Abdi Hassan (Hassan) with ID number 7904106385186 an “entity” being “a natural person”.
1.3 Almisbaax Pty Ltd, previously known as Heeryo Trading Enterprise Pty Ltd, registered in South
Africa with registration number 2012/189591/07 an “entity” being a legal person.
1.4 Heeryo Trading Enterprise referred to as Heeryo Trading Enterprise registered in Somalia an “entity”
being an “unincorporated association”, or “an incorporated association” or “other legal person”.
2 There are reasonable grounds to believe that these entities have committed, participated in or
facilitated the commission of the offence of terrorism which is a specified offence as defined in POCDATARA.
3 The following prohibitions and obligations were ordered namely that:
3.1 the entities referred to in paragraphs 1.2 - 1.4 in the order are prohibited from engaging in any
conduct or dealing in any matter with any property owned or controlled by or on behalf of, or at the direction of, or
otherwise associated with the entity referred to in paragraphs 1.1 or any other person or entity which is linked to
Al-Shabaab, Da'esh/ISIS and the ADF.
3.2 Any entity referred to in paragraph 1 of this order is prohibited from performing any act contemplated
in section 4 of POCDATARA (financing of terrorist activities) for the benefit of, or on behalf of, or at the direction
of, or under the control of any other person or entity.
3.3 the entities referred to in paragraphs 1.2-1.4 of the order are prohibited from receiving monies solely
for the purposes of transferring such monies, including physical notes, to any person or entity for any reason,
irrespective of whether it is done through a “cash sent” facility at a bank or the hawala system.
4 A copy of the order can be obtained from the applicant's attorney of record (see paragraph 13.)
5 Take notice that non-compliance with this order may amount to a criminal offence.
6 Any person including the entities identified in paragraph 1 of the order, who has an interest in the order
or who is affected by the order must give notice of his or her intention to ask for the reconsideration of the order
should such entity or person wish to challenge the order.
7 Such notice shall be delivered to the applicant via the State Attorney within, in the case of-
7.1 a person upon whom this notice has been served within 14 days after such service; or
7.2 any other person, 14 days after the date upon which a notice of the order was published in the
Gazette.
This gazette is also available free online at www.gpwonline.co.za
30 No. 52339 GOVERNMENT GAZETTE, 20 MARCH 2025