Berhanu Zewde Abiyo and all other persons who have an interest in the sum of
Court order seizes property linked to crime · Published 2025-05-23 · What is a POCA?
- Party
- Berhanu Zewde Abiyo and all other persons who have an interest in the sum of
- Date
- 2025-02-28
Case
- Case number
- 2025-026782
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Berhanu Zewde Abiyo and all other persons who have an interest in the sum of
Asset description
R30 000 in cash seized by members of the South African Police Service on 08 September 2023 currently held at the SAPS Head Office bank account under Primrose CAS 34/09/2023 under SAP 13/800/2023.
From the gazette
Case No: 2025-026782
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG, Gauteng)
JOHANNESBURG, 2025-02-28, BEFORE THE HONOURABLE DEPUTY JUDGE PRESIDENT R
SUTHERLAND
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: R30 000 in cash seized by members of the South African Police Service on 08 September 2023 currently
held at the SAPS Head Office bank account under Primrose CAS 34/09/2023 under SAP 13/800/2023.
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 28 February 2025 in case number 2025-026782, in relation to:
R30 000 in cash seized by members of the South African Police Service on 08 September 2023 currently held
at the SAPS Head Office bank account under Primrose CAS 34/09/2023 under SAP 13/800/2023.
This notice is addressed to Berhanu Zewde Abiyo and all other persons who have an interest in the sum of
R30 000 in cash seized by members of the SAPS on 08 September 2023 currently held at the SAPS' Head
Office bank account under Primrose CAS 34/09/2023 under SAP 13/800/2023 ( the property):
Take notice that:
1 The National Director of Public Prosecutions ( National Director) has obtained a preservation of property
order ( the order), a copy of which is attached to this notice, 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 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;
5 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 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 In terms of rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice,
set down the matter for reconsideration.
9 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.
This gazette is also available free online at www.gpwonline.co.za
32 No. 52707 GOVERNMENT GAZETTE, 23 MAY 2025