Notice

Court order seizes property linked to crime · Published 2025-10-17 · What is a POCA?

Date
2025-09-15

Case

Case number
2025-122641
Court
Western Cape Division, Cape Town

Asset description

a R89 000 in cash, seized by members of the South African Police Service on 3 October 2024. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

In re: In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect of
a R89 000 in cash that was seized by members of the South African Police Service on 3 October 2024.
  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 15 September 2025 in case number 2025-122641 in relation to: a
R89 000 in cash, seized by members of the South African Police Service on 3 October 2024. (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.

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 17 OKTOBER 2025                                No. 53511     69

   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: Mr L Ngwenya,
  5 th Floor
  22 Long Street
  CAPE TOWN
  His contact details are as follows:
  Tel: (021) 441 9200
  Email: LNgwenya@justice.gov.za
  National Prosecuting      Authority,   115   Buitengracht   Street   Cape     Town,    Tel:   0214877159,   Email:
TMarco@npa.gov.za.
  Date submitted: 2025-09-29

                             IN THE HIGH COURT OF SOUTH AFRICA
                   (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
                      CAPE TOWN, 2025-01-31, Before the Honourable Justice Kholong

In the matter between: The National Director of Public Prosecutions Applicant, Applicant
In re: In re: a white Hino Truck with registration number DKN695FS An application for a forfeiture of property
order in terms of section 48 of the Prevention of Organised Crime Act 121 of 1998
                                   IN THE HIGH COURT OF SOUTH AFRICA
                               (EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
                                                                              CASE NUMBER: 533/2024
  On 31 January 2025
  Before the Honourable Justice Kholong
  In the matter of: National Director of Public Prosecutions, Applicant
  In re: a white Hino Truck with registration number DKN695FS
  An application for a forfeiture of property order in terms of section 48 of the Prevention of Organised Crime Act
121 of 1998
  ORDER
  Having read the affidavits and annexures thereto, and having heard counsel for the applicant,
  IT IS HEREBY ORDERED THAT:
  1 An order is granted in terms of the provisions of section 50 of the Prevention of Organised Crime Act 121 of
1998 ( POCA) declaring forfeit to the State property described as a white Hino Truck with registration number
DKN695FS that was seized by members of the South African Police Service on 20 May 2016.
   2 Leigh Leaser, an assistant manager: enforcement in the employ of the Asset Forfeiture Unit ( AFU) of the
National Prosecuting Authority, Cape Town, or any such responsible officer in the AFU, is authorised and
directed to:
  2.1 Uplift the white Hino Truck with registration number DKN695FS from SAPS Oudtshoorn where is it
currently stored;
   2.2 Sell white Hino Truck with registration number DKN695FS at best, by way of public auction or private
treaty;

                          This gazette is also available free online at www.gpwonline.co.za
   70      No. 53511                     GOVERNMENT GAZETTE, 17 OCTOBER 2025

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