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Legal Notice No. 44063, 08 January 2021, Vol 667 A, Page 22

20210108 - Legal Notice No 44063 of 08-January-2021, Volume 667 A, page 22

Page	22 of 76
Gazette	Legal Notices, No 44063, from 08 January, 2021

22    No. 44063              GOVERNMENT GAZETTE, 8 JANUARY 2021

Case No: 12911/20
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                                 (WESTERN CAPE DIVISION)
                        CAPE TOWN, 3 November 2020, Before the Honourable Ms Deputy judge President Goliath
           In the matter between: The National Director of Public Prosecutions   Applicant and Nelson Emmanual Diogras First
                                    Respondent; Mavis Angeline Kibaja Second Respondent
             In re: In re: Application for a preservation order in terms of section 38 of the prevention of Organised
            Crime Act in respect of a Toyota Hilux motor vehicle with registration number CX62957 and the R3 237
                seized by members of the South African Police Service from the respondent on 23 April 2020.

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 Division, Cape
          Town) on 3 November 2020 in case number 12911/20 in relation to: a Toyota Hilux motor vehicle with registration number
          CX62957 and R3 237, in cash seized by members of the South African Police Service on 23 April 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, 5th Floor, 22 Long Street, CAPE TOWN
              His contact details are as follows:
              Tel: (021) 441 9301
              Email: ZKarjiker@justice.gov.za
                                            t

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