Notice

Court order seizes property linked to crime · Published 2025-03-28 · What is a POCA?

Case

Case number
37/2025

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 applied for and was granted a preservation of property order in
terms of section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the HIGH COURT OF SOUTH
AFRICA (Eastern Circuit Local Division, George) on 31 January 2025, in case number 37/2025 relation to: a
Lexus motor vehicle with registration number KG01KVGP that was seized by members of the South African
Police Service (a copy of the application and order can be obtained from the person mentioned in par 9
hereunder).
  This notice is addressed to all persons who may have an interest in the property described above.
  Take notice that:

                           This gazette is also available free online at www.gpwonline.co.za
                                    STAATSKOERANT, 28 MAART 2025                                  No. 52394      57

   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 and must be delivered to
the office of the State Attorney at the address mentioned in paragraph 9, below.
  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:
  10.        The State Attorney: Ms. C Bailey, 4 th Floor, 22 Long Street Cape Town.
  11.        Her contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: 021 4419200and
Fax: (021) 421-9364 /. Email: CBailey@justice.gov.za.
  National Prosecuting       Authority,   115   Buitengracht    Street   Cape    Town,    Tel:   0214877159,     Email:
TMarco@npa.gov.za.
  Date submitted: 2025-02-25

                                                                                        Case No: 2025 -004344
                                   IN THE HIGH COURT OF SOUTH AFRICA
                    (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
                   CAPE TOWN, 2025-03-04, Before the Honourable Ms Justice Da Silva - Salie
                  In the matter between: The National Director of Public Prosecutions, Applicant
 In re: In re: R84 135.50 in cash seized by members of the South African Police Service on 6 January 2024 at 5
                                      Owl Street, Pelican Park, Cape Town.
  ANNEXURE A
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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 Organised Crime Act, 1998 in the High Court of South Africa (Western
Cape Division, Cape Town) on 4 March 2025 under case number 2025 -004344 in relation to the cash amount of
R84 135.50 as seized by members of the South African Police Service on 6 January 2024 at 5 Owl Street,
Pelican Park (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to all persons who may have an interest in the property described above.
  Take notice that:
   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.

Source