Notice

KRUGEL HEINSEN INCORPORATED, PROFFICE BUILDING, ROUTE N4 BUSINESS PARK, 23 CORRIDOR
CRESCENT, WITBANK, mandi@krugels.co.za, 013 653 6400.
Date Submitted: 2022-02-14.
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                                                                                                     Case No. 21604/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                 WESTERN CAPE DIVISION
                      CAPE TOWN, 2022-01-31, Before the Honourable Ms Justice Salie-Hlophe
                In the matter between: The National Director of Public Prosecutions, Applicant, and
                                        ONYEDIKA CHIKWUGOZIE, RESPONDENT
                                                           “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,
Cape Town) on 31 January 2022 in case number 21604/2021 in relation to: R30000 cash that was seized by members
of the South African Police Service 9 November 2020. (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: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax: (021) 421-
9364. Email: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town, zkarjiker@justice.gov.za, 0214419200.
Date Submitted: 2022-02-15.
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26  No. 45995                           GOVERNMENT GAZETTE, 4 March 2022