Notice
Court order seizes property linked to crime · Published 2025-04-25 · What is a POCA?
- Date
- 2025-03-17
Case
- Case number
- 2025-029955
- Court
- Western Cape Division, Cape Town
Asset description
property described as a white BMW 320i motor vehicle with registration number FY 32 GC GP (the vehicle), seized by members of the South African Police Service on the R45 road near Franschoek, Western Cape on 18 December 2023. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: 2025-029955
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2025-03-17, Before the Honourable Ms Justice Mantame
In the matter between: The National Director of Public Prosecutions Applicant
In re: In re: A white BMW 320i motor vehicle with registration number FY 32 GC GP
An application for a preservation order in terms of Section 38 of the Prevention of Organised Crime Act, 121 of
1998.
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
(Western Cape Division, Cape Town) on 17 March 2025 in case number 2025-029955 in relation to: property
described as a white BMW 320i motor vehicle with registration number FY 32 GC GP (the vehicle), seized by
members of the South African Police Service on the R45 road near Franschoek, Western Cape on 18 December
2023. (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:
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:
The State Attorney: Ms. Colleen Bailey,
5 th Floor
22 Long Street
CAPE TOWN
Her contact details are as follows:
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 25 APRIL 2025 No. 52543 51
Tel: 021 441 9206
Email: CoBailey@justice.gov.za
National Prosecuting Authority, 115 Buitengracht Street Cape Town, Tel: 0214877159, Email:
TMarco@npa.gov.za.
Date submitted: 2025-03-25
Case No: 2025-033674
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2025-03-19, Before the Honourable Ms. Justice Slingers
In the matter between: The National Director of Public Prosecutions Applicant, Applicant
In re: In re: application for a preservation of property order in terms of section 38 of The Prevention of Organised
Crime Act 121 of 1998 in respect of a Ford Bantam 1.3i Base motor vehicle with registration number CCP 4676
that was seized by members of the South African Police Service on 4 February 2022.
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, 1998 in the High Court of South Africa (Western
Cape Local Division, Cape Town) on 19 March 2025 under case number 2025-033674 in relation to a Ford
Bantam motor vehicle with registration number CCP 4676, that was seized by members of the South African
Police Service on 4 February 2022. (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:
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