Notice

Court order seizes property linked to crime · Published 2022-03-04 · What is a POCA?

Date
2022-02-01

Case

Case number
21603/2022
Court
Western Cape

Asset description

a Mercedes Benz motor vehicle with Reg CAA26779 that was seized by members of the South African Police Service on 10 February 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                                         Case No. 21603/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                  WESTERN CAPE DIVISION
                      CAPE TOWN, 2022-02-01, Before the Honourable Ms Justice DS Kusevitsky
        In the matter between: The National Director of Public Prosecutions, Applicant, and Leeroy Petesen,
                     First respondent, and Leevonte Used Car Sales (Pty) Ltd Second 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
 High Court, Cape Town) on 1 February 2022 in case number 21603/2022 in relation to: a Mercedes Benz motor vehicle
 with Reg CAA26779 that was seized by members of the South African Police Service on 10 February 2021 (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.
                                                 ----------oo0oo----------
                                                                                               Case No. 20701/2021
                                      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
                                       JERRY CHINEDU ORAH, RESPONDENT
 IN RE: AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT, 1998
 FOR A PRESERVATION OF PROPERTY ORDER FOR THE CASH AMOUNT OF R24 690 AS SEIZED BY MEMBERS
 OF THE SOUTH AFRICAN POLICE SERVICE ON 26 OCTOBER 2019
      NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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 31Januuary 2022 under case number 20701/2021 in relation to the cash amount of R24 690
 as seized by members of the South African Police Service on 26 October 2019 (a copy of the application and order can
 be obtained from the person mentioned in par 9 hereunder).

Source