Unati Klaasand all other persons who may have an interest in the property

Court order seizes property linked to crime · Published 2025-03-20 · What is a POCA?

Party
Unati Klaasand all other persons who may have an interest in the property
Date
2025-02-21

Case

Court
Eastern Cape Division,East London Circuit Court, Eastern Cape / Oos-Kaap

Parties addressed

  • Unati Klaasand all other persons who may have an interest in the property

From the gazette

In re: I: In re: In re: Cash in the value of R88 837 including interest in the Discovery bank account number 185
167 649 55 which is the proceeds of unlawful activities (a copy of which can be obtained from the person
motioned in par 9 hereunder.)
  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 (East London Circuit Court) on 21 February 2025 in case number EL 372/2025 Re: Cash in the

                            This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 20 MAART 2025                                 No. 52339      33

value of R88 837 including interest in the Discovery bank account number 185 167 649 55 which is the
proceeds of unlawful activities . (a copy of which can be obtained from the person motioned in par 9 hereunder.)
  This notice is addressed to Unati Klaasand 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
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
  Date submitted: 2025-03-05

                                                                                            Case No: EL 397//2025
                                                                                                   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, 2025-03-04, Before The Honourable Acting Justice PITT
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In re: Toyota Corolla with registration number FXW 346 EC which is an instrumentality of an offence and
was seized by the South African Police service on 17 November 2023 and is held under East London CAS
403/11/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder.)
  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 (East London Circuit Court) on 04 March 2025 in case number EL397/2025 Re: Toyota Corolla
with registration number FXW 346 EC which is an instrumentality of an offence and was seized by the South

Source