Phumlani Gema

Court order seizes property linked to crime · Published 2026-04-10 · What is a POCA?

Party
Phumlani Gema

Case

Parties addressed

  • Phumlani Gema

Identifiers

Cash amount
R10 000,

From the gazette

                                                                                            Case No: 2026-068305
                                                                                                   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, 2026-03-31, Before The Honourable Acting Justice Collett
               In the ex parte application of: The National Director of Public Prosecutions, Applicant
 In re: In re: Cash to the amount of R10 000, including interest, in Capitec Bank account with number 235 574
327 0 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 31 March 2026 case no 2026 -068305in Re: C : Cash to the amount
of R10 000, including interest, in Capitec Bank account with number 235 574 327 0 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 Phumlani Gema and 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.

                             This gazette is also available free online at www.gpw.gov.za
   34      No. 54471                       GOVERNMENT GAZETTE, 10 APRIL 2026

Source