Oliver Mzwakhe Velela

Court order seizes property linked to crime · Published 2022-03-18 · What is a POCA?

Party
Oliver Mzwakhe Velela

Case

Parties addressed

  • Oliver Mzwakhe Velela

Identifiers

Cash amount
R304 000

From the gazette

7. 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;
8. 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.
9. 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.
10. 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 (Pretoria)
attention Mr V Mulaudzi,SALU building,316 Thabo Sehume street,Pretoria,contact details Tel (012)309 1510 ,email
VuMulaudzi@justice.org.za and/or email clsibiya@npa.gov.za.
National Prosecuting Authority ( Order no: 026400), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
ClSibiya@npa.gov.za, 012845 6368.
Date Submitted: 2022-03-03.
                                                      ----------oo0oo----------
                                                                                                            Case No. 2098/22
                                                                                                                  Annexure A
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                                   Gauteng Division, Pretoria
                               Pretoria, 2022-01-20, Before the hourable Justice Ledwaba
                   In the ex parte application of: National Director of Public Prosecutions, Plaintiff
       1. An amount of R304 000 held in Absa recovery account number 4099270260 with accrued interest
         2. An amount of R33 380.74 held in Absa unclaimed General Ledger account number 299091902
                                                     with accrued interest
      AN APPLICATION FOR A PRESERVATION OF PROPERTY ORDER IN TERMS OF SECTION 38 OF THE
                              PREVENTION OF ORGANISED CRIME ACT, NO 121 OF 1998
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
This notice is addressed to Oliver Mzwakhe Velela and all persons who have an interest in certain property, hereinafter
referred to as "the property" namely:
- An amount of R304 000 held in Absa recovery account number 4099270260 with accrued interest
- An amount of R33 380.74 held in Absa unclaimed General Ledger account number 299091902 with accrued interest
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order), a copy of which is attached to this notice in terms of section 38(2) of the POCA in respect of the property;
2. 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;
3. 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 an 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;
4. 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 Act. 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.
5. 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;
6. 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;
7. 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;
8. 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.
9. 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.gpwonline.co.za
40  No. 46052                           GOVERNMENT GAZETTE, 18 March 2022

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