Sean Abel Jacobs and Nathan Caido Carelse
Court order seizes property linked to crime · Published 2022-03-18 · What is a POCA?
- Party
- Sean Abel Jacobs and Nathan Caido Carelse
- Date
- 2022-03-07
Case
- Court
- East London Circuit Local Division
Parties addressed
- Sean Abel Jacobs and Nathan Caido Carelse
Asset description
In re: credit balance, including interest in Capitec Bank (Capitec) accounts 174 132 5801 and 174 370 7019 which is the proceeds of unlawful activities.
From the gazette
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, Ms Sakasa,17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706
5100.
Date Submitted: 2022-03-09.
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Case No. EL3302022
Annexure: 043 706 5100
IN THE HIGH COURT OF SOUTH AFRICA
EAST LONDON CIRCUIT LOCAL DIVISION
EAST LONDON, 2022-03-07, BEFORE THE HONOURABLE JUSTICE JOLWANA
In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
The credit balance, including interest in Capitec Bank (Capitec) accounts 174 132 5801 and 174 370 7019
which is the proceeds of unlawful activities
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 Local Division) on 7 March 2022 in case number EL 330/2022 in relation to: In re: credit balance,
including interest in Capitec Bank (Capitec) accounts 174 132 5801 and 174 370 7019 which is the proceeds of unlawful
activities.
This notice is addressed to Sean Abel Jacobs and Nathan Caido Carelse 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.
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, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706
5100.
Date Submitted: 2022-03-09.
This gazette is also available free online at www.gpwonline.co.za
36 No. 46052 GOVERNMENT GAZETTE, 18 March 2022